Anti-social behaviour

Knowsley Housing Trust v McMullen (Anita) [2006] EWCA Civ 539

The disabled tenant of an assured tenancy lived at the premises with her teenage son. Possession proceedings were brought against her on the grounds of nuisance by her son who was described as ‘a recidivist young offender with a string of convictions and a history of relapsing into misconduct’. The mother was unable to control her son. The Disability Discrimination Act 1995 prevents discrimination against a disabled person by evicting them from premises if, by doing so, they are being treated more unfavourably than others would be treated and the treatment is not justified (ss22 and 24). As the tenant was clearly a person under a disability, the test was whether someone without the tenant s disability could control her son. However, it could not be said that her son’s behaviour was in any way related to his mother’s disability.