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England

Equality Act and public law defences to possession claims

Learn when the Equality Act can be used as a defence by disabled occupiers facing eviction for arrears or antisocial behaviour.

Course summary

This course covers when a possession claim can be defended if the landlord is acting in an unlawful and discriminatory way.

This course outlines some potential defences available when an occupier cannot argue about the reasonableness of eviction.

You’ll explore the duty to have regard to the best interests of children and how it impacts lawful decision-making by social landlords.

The course contains case law examples, case studies and key court decisions.

Course information

Level: Intermediate and Advanced (Level 4)

Live webinar

  • Available for: Groups
  • Duration: Half day
  • Cost: £105+VAT | £95+VAT
  • CPD points: 3

Face to face training

  • Available for: Groups
  • Duration: One day
  • Cost: £180+VAT | £160+VAT
  • CPD points: Pending

Group bookings

You can book this course for groups of five or more people.

Contact us about group bookings

What this course covers

This course includes:

  • the Equality Act as a defence to possession proceedings

  • protected characteristics, direct and indirect discrimination

  • unfavourable treatment, justification and proportionality

  • the public sector equality duty and impact assessments

  • public law obligations, principles and defences

  • when Equality Act and public law arguments can be raised at the warrant stage

What you'll learn

At the end of this training, you'll be able to:

  • identify potential defences and compensation claims

  • check whether someone has a protected characteristic

  • understand when eviction or other differential treatment is likely to be justified

  • understand the public sector equality duty and common public law challenges and defences

  • recognise the key differences between non-compliance with the public sector equality duty and direct or indirect discrimination

  • understand the importance of following policies and record-keeping

  • identify the strengths and weaknesses of the Equality Act and public law aspects of a case whether you are acting for a landlord or tenant

Who this training is for

You should already have a good understanding of mandatory and discretionary grounds for possession and the possession process.

You might be an experienced housing adviser, solicitor or work for a local authority or social landlord.

Continuing Professional Development

Gain points towards your professional development from the CPD Certification Service with Shelter training and events.

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