Manchester v Romano & Anor [2004] EWCA Civ 834 (29 June 2004)

Manchester v Romano & Anor [2004] EWCA Civ 834 (29 June 2004)

The Disability Discrimination Act 1995 applies to possession proceedings where the reason for seeking possession relates to the tenant's disability. The landlord must justify the action under section 24(2)-(3) of the Act, showing that eviction is necessary to protect health or safety and that it is reasonable to hold that opinion. The court must consider the DDA as part of the reasonableness assessment. In these cases, the council's actions were found to be justified and reasonable in all the circumstances, given the serious and persistent nuisance caused to neighbours.

Citation
[2004] EWCA Civ 834
Parties
Claimant/respondent: Council of the City of Manchester; Defendant/first Appellant: Sharon Romano; Defendant/second Appellant: Yvonne Samari; Intervener: Disability Rights Commission
Jurisdiction
England and Wales
Judgment Date
29 June 2004
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From Manchester County Court
Outcome
Appeals dismissed
Legal Topics
Possession Proceedings, Disability Discrimination Act 1995, Grounds for Possession, Reasonableness in Eviction, Justification Under DDA, Interface Between Housing and Discrimination Law
Housing Law Disability Discrimination Civil Procedure Possession Proceedings Disability Discrimination Act 1995 Grounds for Possession Reasonableness in Eviction Justification Under DDA +1 more

Case Brief

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Parties

Council of the City of Manchester

Claimant/respondent

Sharon Romano

Defendant/first Appellant

Yvonne Samari

Defendant/second Appellant

Disability Rights Commission

Intervener

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From Manchester County Court

Legal Issues

  1. 1 Whether the Disability Discrimination Act 1995 applies to possession proceedings against disabled tenants
  2. 2 Whether the council's actions in seeking possession were discriminatory under the DDA 1995
  3. 3 Whether the council's actions were justified under section 24(2)-(3) of the DDA 1995

Ratio Decidendi

The Disability Discrimination Act 1995 applies to possession proceedings where the reason for seeking possession relates to the tenant's disability. The landlord must justify the action under section 24(2)-(3) of the Act, showing that eviction is necessary to protect health or safety and that it is reasonable to hold that opinion. The court must consider the DDA as part of the reasonableness assessment. In these cases, the council's actions were found to be justified and reasonable in all the circumstances, given the serious and persistent nuisance caused to neighbours.

Court Disposition

Appeals dismissed

Orders

  • Possession orders against Sharon Romano and Yvonne Samari upheld
  • No suspension of execution of warrants of possession