Aster Communities Ltd v Akerman-Livingstone

Lady Justice Arden delivered the lead judgment on Jonathan Akerman-Livingstone’s appeal against summary possession granted to Aster Communities Ltd, a housing association providing temporary accommodation at Mendip District Council’s request. Akerman-Livingstone, who suffers from prolonged duress stress disorder, argued that issuing possession proceedings was disability discrimination under Equality Act 2010 section 15. The Court of Appeal held that section 15 proportionality must be assessed in the same manner as Article 8 ECHR defences in social housing cases (Pinnock; Powell), applying a high threshold of serious arguability and permitting summary determination under CPR 55.8. The twin aims—protecting property rights and enabling MDC to meet statutory housing duties—carried decisive weight. On the assumed facts, eviction was proportionate; the Equality Act defence was not seriously arguable. The court dismissed the appeal and refused permission to amend to raise an assured shorthold tenancy notice point.