Royal Borough of Kingston Upon Thames v Khan & Anor [2023] EW Misc 7 (14 July 2023)

Royal Borough of Kingston Upon Thames v Khan & Anor [2023] EW Misc 7 (14 July 2023)

Ms Khan was not occupying 14c Acacia Grove as her only or principal home by June 2021; she had moved to 76 Chaucer Road and installed her son in the flat. The council's evidence was overwhelming. There was no breach of the Equality Act 2010 or public sector equality duty. The counterclaim for discrimination failed. The council is entitled to possession, arrears, and mesne profits.

Citation
[2023] EW Misc 7
Parties
Claimant: Royal Borough of Kingston upon Thames; First Defendant: Sarah Khan; Second Defendant: Rashad Khan
Jurisdiction
England and Wales
Judgment Date
14 July 2023
Procedural Posture
Possession Claim (housing/civil) / Trial Judgment
Outcome
Possession order granted; counterclaim dismissed; money judgment for arrears and mesne profits; costs order against both defendants.
Legal Topics
Possession Proceedings, Secure Tenancy, Notice to Quit, Disability Discrimination, Public Sector Equality Duty, Mesne Profits, Arrears of Rent, Costs Orders
Housing Law Equality Law Civil Procedure Possession Proceedings Secure Tenancy Notice to Quit Disability Discrimination Public Sector Equality Duty +3 more

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Parties

Royal Borough of Kingston upon Thames

Claimant

Sarah Khan

First Defendant

Rashad Khan

Second Defendant

Procedural Posture

Possession Claim (housing/civil) / Trial Judgment

Legal Issues

  1. 1 Whether Ms Khan was occupying 14c Acacia Grove as her only or principal home at the relevant date
  2. 2 Whether the Claimant breached its public sector equality duty under the Equality Act 2010
  3. 3 Whether the Claimant discriminated against Ms Khan under the Equality Act 2010 (direct, indirect, or arising from disability)

Ratio Decidendi

Ms Khan was not occupying 14c Acacia Grove as her only or principal home by June 2021; she had moved to 76 Chaucer Road and installed her son in the flat. The council's evidence was overwhelming. There was no breach of the Equality Act 2010 or public sector equality duty. The counterclaim for discrimination failed. The council is entitled to possession, arrears, and mesne profits.

Court Disposition

Possession order granted; counterclaim dismissed; money judgment for arrears and mesne profits; costs order against both defendants.

Orders

  • Outright possession order to take effect in 14 days
  • Judgment for arrears of rent against Ms Khan (£5,425.85)