Böcker av Nick Bano

When landlords always win and renters pay the price, what can be done?

The Public Sector Equality Duty has generated an enormous amount of litigation in recent years. Even the reported decisions themselves regularly complain about the sheer volume of authorities that have been cited by the parties in each case. This book draws together the threads of the case law and explains the key principles of the PSED as it arises in the context of housing law.The book provides essential practical guidance for lawyers involved in social housing possession claims, homelessness appeals, and allocations and policy challenges. As well as explaining the principles of law, book looks at the important issues of evidence-gathering and litigation strategy in the unusual context of an 'ongoing' process duty.ABOUT THE AUTHORNick Bano is a barrister at Garden Court Chambers, who has been involved in bringing many of the significant PSED challenges in the field of housing law. He appeared in the key case of Forward v Aldwyck, as well as more recent and housing-specific matters such as TM v Metropolitan, London & Quadrant v Patrick and Adesotu v Lewisham.CONTENTSChapter One - Preliminary Points1.1 - The current duty in context1.2 - The duty1.3 - The protected characteristics1.4 - Process duty1.5 - Not a cause of action1.6 - A context-specific duty1.7 - Importance of the dutyChapter Two - Possession Proceedings2.1 - A viable defence2.2 - When to comply2.3 - Triggering compliance2.4 - Evidence2.5 - Aspects of compliance2.6 - Defending the claim2.7 - Pre-trial practicalities2.8 - Questioning the decision-maker2.9 - Consequences of a breach2.10 - The enforcement stage2.11 - Where next?Chapter Three - Homelessness3.1 - A viable ground of appeal3.2 - Triggering compliance3.3 - Inquiries3.4 - Aspects of compliance3.5 - Materiality3.6 - Representations3.7 - Evidence3.8 - Where next?Chapter Four - Allocations & Housing Judicial Reviews4.1 - Context: A troubling legacy4.2 - When to comply4.3 - Triggering compliance4.4 - Evidence4.5 - Aspects of compliance4.6 - Consequences of a breach