13 August, 18

Possession order and warrant set aside

Claire Wiles is instructed by the Official solicitor in a possession case as our client lacks capacity.

Rent arrears accrued and the local authority landlord sought possession. The client had an outright possession order made against them in their absence and the landlord then sought to enforce by seeking to evict them. We were instructed prior to eviction being enforced and made applications to suspend the eviction and set aside the possession order. The applications were made on the basis that the client lacked capacity when the order was made and steps taken in the proceedings and that our client had a defence to the possession claim which included disability discrimination and breaches of the public sector equality duty. At court today the possession order and warrant were set aside and directions made for us to file a defence and bring a counterclaim for damages for disability discrimination.

 

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