O'Connell v Viridian Housing

O'Connell v Viridian Housing

The application was dismissed because there was no evidence before the judge that the rent arrears arose as a consequence of disability, no material procedural error, and no exceptional circumstances to justify adjournment or defeat the mandatory ground for possession.

Parties
Defendant: Susannah O'Connell; Claimant: Viridian Housing
Jurisdiction
England and Wales
Judgment Date
25 May 2012
Procedural Posture
Appeal / Application for Permission to Appeal And, If Granted, Hearing of the Appeal
Outcome
Application for permission to appeal dismissed.
Legal Topics
Possession Proceedings, Disability Discrimination, Equality Act 2010, Housing Act 1988, Article 8 ECHR, Procedural Fairness
Landlord and Tenant Disability Law Human Rights Possession Proceedings Disability Discrimination Equality Act 2010 Housing Act 1988 Article 8 ECHR +1 more

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Parties

Susannah O'Connell

Defendant

Viridian Housing

Claimant

Procedural Posture

Appeal / Application for Permission to Appeal And, If Granted, Hearing of the Appeal

Legal Issues

  1. 1 Whether the judge erred in refusing to adjourn the possession proceedings to allow the defendant to secure legal representation and present a defence based on disability discrimination and human rights.
  2. 2 Whether the possession order was made in breach of the Equality Act 2010 or Article 8 ECHR.
  3. 3 Whether there was a procedural irregularity regarding the consent order and previous judicial decisions.

Ratio Decidendi

The application was dismissed because there was no evidence before the judge that the rent arrears arose as a consequence of disability, no material procedural error, and no exceptional circumstances to justify adjournment or defeat the mandatory ground for possession.

Court Disposition

Application for permission to appeal dismissed.

Orders

  • Application for permission to appeal is dismissed.