Thomas-Ashley v Drum Housing Association Ltd

Thomas-Ashley v Drum Housing Association Ltd

The appellant failed to demonstrate that the 'no animals' clause made it impossible or unreasonably difficult for her to enjoy the premises due to her disability, and even if discrimination was established, the landlord could not reasonably be expected to alter the lease terms given the head lessor's refusal and risk of forfeiture. The appeal was dismissed.

Parties
Appellant: Dee Thomas-Ashley; Respondent: Drum Housing Association Limited
Jurisdiction
England and Wales
Judgment Date
17 March 2010
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Tenancy Agreements, Reasonable Adjustments, Disability Rights, Anti Discrimination Provisions
Housing Law Disability Discrimination Tenancy Agreements Reasonable Adjustments Disability Rights Anti Discrimination Provisions

Case Brief

Summary, issues, holding and outcome

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Parties

Dee Thomas-Ashley

Appellant

Drum Housing Association Limited

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the 'no animals' clause in the tenancy agreement unlawfully discriminates against the appellant under section 24A and 24D of the Disability Discrimination Act 1995
  2. 2 Whether the landlord was under a duty to make reasonable adjustments to permit the appellant to keep a dog due to her disability
  3. 3 Whether the landlord's failure to change the lease terms was justified

Ratio Decidendi

The appellant failed to demonstrate that the 'no animals' clause made it impossible or unreasonably difficult for her to enjoy the premises due to her disability, and even if discrimination was established, the landlord could not reasonably be expected to alter the lease terms given the head lessor's refusal and risk of forfeiture. The appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; possession order stands.