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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice.
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I rent a private flat in England. The landlady has given me

Resolved Question:

I rent a private flat in England. The landlady has given me notice to possess because I have a disability. Is it not disability discrimination and therefore unlawful? Can she do this?
Submitted: 1 year ago.
Category: Property Law
Expert:  Remus2004 replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
What exactly do you want to know?
Expert:  Remus2004 replied 1 year ago.
What is the disability and what is his specific complaint?
Customer: replied 1 year ago.
I suffer from Diabetes and Chronic Psychotic Depression.
Expert:  Remus2004 replied 1 year ago.
And what is his specific complaint?
Customer: replied 1 year ago.
Its just the landlady does not want my tenancy to continue because I have these illnesses which are progressive and have adverse effect on my day to day normal life.
Expert:  Remus2004 replied 1 year ago.
OK but why would that matter to her?
Customer: replied 1 year ago.
The specific complaint is that I am disabled. As simple as that.
Customer: replied 1 year ago.
Why this would matter to her? I don't know for sure - can only guess. Well, first of all, I can't keep the flat nice and clean because of my disabilities. Secondly, she does not want to do any fittings necessary for my disabilities. Thirdly, she is afraid that I might die on the property, and she does not want that hassle. These are all conjectures based on my conversations with her.
Expert:  Remus2004 replied 1 year ago.
That may be an issue.
She cannot evict you because you have a disability but then a Judge might be of the view that if she were prejudiced she would never have given you the flat at the outset.
What she can do though is evict you because she doesn't like the condition of the property.
She does not have to amend her flat for your disability I'm afraid. Reasonable adjustments do not apply to this type of contract. That should not be the reason therefore.
Can I clarify anything for you?
Customer: replied 1 year ago.
She did not know that I had any disabilities when I first moved in. This subject never came up. However, I had to tell her that because of my disabilities I could not keep the flat in a clean condition. If she evicts me for this, then surely this disabilitiy discrimination because according to contract I am to leave the property in the condition I found it any way. Isn't this the case?
Customer: replied 1 year ago.
I have e-mails from her that would prove that prejudice is the reason why she is evicting me. Would you advise that I file a law-suit to cancel the eviction notice? What would be the relevant acts?
Expert:  Remus2004 replied 1 year ago.
No, I cannot agree with that. She is entitled to evict if the property falls into disrepair.
To be wholly honest, I wouldn't waste your time. This is not disability discrimination.
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