Richmond Court (Swansea) Ltd v Williams

Richmond Court (Swansea) Ltd v Williams

The refusal by the defendants to permit installation of a stair-lift was not for a reason relating to Mrs Williams’ disability, but for general reasons applicable to all tenants. There was no less favourable treatment of Mrs Williams compared to other tenants, and thus no discrimination within the meaning of section 24(1) of the Disability Discrimination Act 1995. The Act imposes no positive duty on managers of premises to make or permit adjustments to common parts for disabled tenants.

Parties
Defendant/appellant: Richmond Court (Swansea) Ltd; Claimant/respondent: Dorothy Williams
Jurisdiction
England and Wales
Judgment Date
14 December 2006
Procedural Posture
Civil Appeal / Appeal From County Court on Preliminary Issue
Outcome
appeal allowed
Legal Topics
Disability Discrimination, Premises Management, Summary Judgment, Comparators in Discrimination Law
Disability Law Landlord and Tenant Law Disability Discrimination Premises Management Summary Judgment Comparators in Discrimination Law

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Parties

Richmond Court (Swansea) Ltd

Defendant/appellant

Dorothy Williams

Claimant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court on Preliminary Issue

Legal Issues

  1. 1 Whether refusal by managers of premises to consent to installation of a stair-lift at the expense of a disabled tenant constitutes discrimination under section 22(3) of the Disability Discrimination Act 1995

Ratio Decidendi

The refusal by the defendants to permit installation of a stair-lift was not for a reason relating to Mrs Williams’ disability, but for general reasons applicable to all tenants. There was no less favourable treatment of Mrs Williams compared to other tenants, and thus no discrimination within the meaning of section 24(1) of the Disability Discrimination Act 1995. The Act imposes no positive duty on managers of premises to make or permit adjustments to common parts for disabled tenants.

Court Disposition

appeal allowed

Orders

  • summary judgment for the defendants
  • claim dismissed