S v Floyd & Anor

S v Floyd & Anor

There was no evidence that S lacked capacity to conduct the proceedings; no exceptional circumstances were present to justify adjournment; and the Disability Discrimination Act 1995 did not provide a defence to a mandatory possession claim based on admitted rent arrears where the landlord's reason for seeking possession was not related to the tenant's disability.

Parties
Appellant: S; Respondent: Jacqueline Floyd; Intervener: The Equality and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
18 March 2008
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Possession Proceedings, Disability Discrimination, Adjournment of Proceedings, Mandatory Possession Orders
Landlord and Tenant Disability Law Civil Procedure Possession Proceedings Disability Discrimination Adjournment of Proceedings Mandatory Possession Orders

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Parties

S

Appellant

Jacqueline Floyd

Respondent

The Equality and Human Rights Commission

Intervener

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the District Judge erred in refusing an adjournment to investigate the appellant's mental capacity
  2. 2 Whether there were exceptional circumstances justifying adjournment of mandatory possession proceedings
  3. 3 Whether the Disability Discrimination Act 1995 provides a defence to a mandatory possession claim under the Housing Act 1988

Ratio Decidendi

There was no evidence that S lacked capacity to conduct the proceedings; no exceptional circumstances were present to justify adjournment; and the Disability Discrimination Act 1995 did not provide a defence to a mandatory possession claim based on admitted rent arrears where the landlord's reason for seeking possession was not related to the tenant's disability.

Court Disposition

Appeal dismissed

Orders

  • Possession order in favour of the respondent stands
  • Appellant to pay admitted rent arrears