In this article, Lis Bradshaw looks at the impact of the High Court decision in North Devon Homes Limited -v- Christine Brazier which considered the effect the Disability Discrimination Act 1995 has on applications for possession.
Is disability a bar to an order for outright possession?
The High Court considered this question in the case of North Devon Homes Limited -v-Christine Brazier.
Ms Brazier was a tenant of North Devon Homes Limited, firstly at a property in Barnstaple and then as a result of antisocial behaviour/breach of tenancy due to mental illness, she was transferred to a property in Burrington where the behaviour continued. Possession proceedings were sought by the housing association pursuant to the Housing Act 1988. The housing association relied upon first hand evidence given by neighbours and convictions for using abusive and insulting behaviour. None of the evidence was contested.
The court in the first instance decided that the Disability Discrimination Act 1995 had an impact on their decision making as to whether an order was reasonable. However, they decided that an order for outright possession was reasonable. Ms Brazier appealed to the High Court.
A person is a disabled person within the meaning of the Disability Discrimination Act 1995 if their disability arises from “a mental impairment, which has a substantial and long term effect on their ability to carry out normal day to day activity”. Ms Brazier suffered from a psychotic illness, possibly schizophrenia, and therefore clearly came under this definition.
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