In September this year, we were approached by X who sought our advice after her landlord issued possession proceedings against her in her local County Court.
The possession proceedings were issued after X’s landlord had heard about an incident in which police were called to her property and seized a small number of cannabis plants. X, who suffered chronic PTSD following an abusive relationship, cultivated and used cannabis to ease the symptoms of her condition.
We agreed to assist X in defending these proceedings. The basis for the Defence and Counterclaim was disability discrimination under Equality Act 2010. X had grown cannabis therapeutically in order to manage the symptoms of their CPTSD. We argued that X landlord was not entitled to possession of the property as to evict our client for possession of cannabis that resulted from their disability was discriminatory. The Counterclaim was also on the basis of discrimination and sought the payment of damages to X.
Following the service of the Defence and Counterclaim, but not issue, the landlord agreed to discontinue their claim for possession. The claim has now been discontinued and X remains in their home.”
