Equality Act and public law defences to possession claims
Learn when a disabled occupier facing eviction for arrears or antisocial behaviour can use the Equality Act as a defence.
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)
Face to face training
- Available for: Groups
- Duration: One day
- CPD points: Pending
Live webinar
- Available for: Groups
- Duration: Half day
- CPD points: 3
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.
