tag:blogger.com,1999:blog-22617683.post7616702596380222381..comments2023-08-15T12:32:37.166+01:00Comments on The Landlord Law Blog: Tenant defending s21 claim under the DDA 1995Tessa Sheppersonhttp://www.blogger.com/profile/09661168506904640975noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-22617683.post-12535560397737416252007-10-19T10:36:00.000+01:002007-10-19T10:36:00.000+01:00A similar problem has arisen in employment cases u...A similar problem has arisen in employment cases under the DDA. Employees on long-term sick leave as a result of a disability have argued that they should continue to be paid even after company sick pay has been exhausted, either as a "reasonable adjustment", or because the failure to pay them is disability-related discrimination (because the reason for the non-payment is that the employee is not working, and this is related to the disabilty). This is arguably similar to a disabled tenant trying to remain in a property without paying rent - it is effectively an argument that the disability should entitle you to something for nothing. However, the Court of Appeal has recently resolved this in the employer's favour in <A HREF="http://employment.practicallaw.com/0-375-8103" REL="nofollow">O'Hanlon v HMRC</A>. It approved the judgment of the Employment Appeal Tribunal that continued payment was not required as the purpose of the DDA is "to recognise the dignity of the disabled and to require modifications which will enable them to play a full part in the world of work... it is not to treat them as objects of charity". The courts in landlord and tenant cases should arguably also take this as guiding principle.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-22617683.post-58988486270569893942007-10-13T14:22:00.000+01:002007-10-13T14:22:00.000+01:00Be interesting to see how this one pans out. But t...Be interesting to see how this one pans out. But the tenant first is going to have to establish, presumably to the civil level of proof, that the Claim for possession was brought because of the rent arrears, surely. Unless the landlord has already admitted this, it could be tricky for the tenant. Does the landlord have any other valid reason for wanting possession? It sounds like s/he doesn't from your account, though.Anonymousnoreply@blogger.com