Discrimination in Housing Law

David Renton is a barrister and historian. Since 2008, he has practised from Garden Court Chambers in London. He acts for tenants in disrepair hearings and in homelessness appeals. He regularly represents tenants and mortgagors in possession hearings where possession is defended on Equality Act 2010, human rights or public law grounds. David is also the author of 'Jobs and homes: stories of the law in lockdown' (Legal Action Group, 2021).

Table of cases
Table of statutes
Table of statutory instruments
Table of European and international legislation
Introduction
1 The Equality Act 2010 – the statutory torts
Distinction between Part 3 and Part 4
Duties of landlords and others
Definitions of protected characteristics
The statutory torts
Proving discrimination
Enforcement
2 The public sector equality duty
PSED: the scheme
Complying with the PSED
Enforcement
3 Discrimination on other grounds
Difference between the PSED and Part 2 duties
Reconceiving direct discrimination claims as claims under other characteristics
The prohibition on discrimination in human rights law
4 Applicants for tenancies or homeless housing, and successors
Discrimination against potential tenants/occupiers
Local authority cases
Succession
5 Ongoing housing relationships
Repair, fitness, defective premises in light of the Equality Act 2010
Quiet enjoyment, derogation from grant, and harassment
Landlord injunctions
Housing for vulnerable and disabled persons
6 Claims for possession
Equality Act 2010 Part 2 defences
Public sector equality duty defences
Rent arrears claims
Nuisance claims
Other protected characteristics
New grounds of possession in the Renters (Reform) Bill
What if the landlord does not give reasons for seeking possession?
Summary hearings
Equality Act 2010 defences at the enforcement stage
Moratoria
7 Long leaseholders and mortgagors
Service charge disputes
Forfeiture
Mortgagors defending claims for possession
8 Civil procedure
Defences and counterclaims
Practice Direction and pre-action duties
Summary assessment of Equality Act 2010 defences to possession claims
Appointments of assessors
Vulnerable witnesses
Capacity
Precedents: Statements of Case
1 Particulars of Claim: Discriminatory Refusal to Let
2 Particulars of Claim: Discriminatory Refusal to Do Works
3 Particulars of Claim: Further Claim by Associated Family
Member
4 Particulars of Claim: Discriminatory Harassment by Landlord
5 Defence and Counterclaim: Nuisance
6 Defence and Counterclaim: Rent Arrears
7 Grounds of Homelessness Appeal: Failure to Apply PSED
8 Consent Order to Stay Claim and Equality Act Counterclaim
9 Case Summary: Application to Set Aside Possession Order
Index