Housing Department – Notable case Michael Pieretti -v- London Borough of Enfield

Blavo and Co were instructed, on behalf of the Appellant, in this landmark case. Mr Pieretti the Appellant) on or around 14th May 2008 applied to the London Borough of Enfield for housing assistance. By way of the Respondent’s housing application form the Appellant disclosed that he and his wife had a disability and confirmed that he was disabled within the meaning of the Discrimination Disability Act. The Appellant’s application was refused.

An appeal brought under s.204 of the Housing Act, on the 12th November 2009, was dismissed. Shortly thereafter, the Appellant entered into an assured tenancy.

Enfield Council argued that as Mr Peretti was in rented accommodation he was no longer homeless or in need of housing assistance. The Respondent therefore invited the Appellant to withdraw his appeal on the grounds that the issues raised by it were now academic.

Blavo and Co applied for permission to appeal to the Court of Appeal. Permission was granted and a QC was instructed. The matter came before 3 appeal court judges at the Court of Appeal’s civil division. It was held that the duty in S49(1)Disability Discrimination Act 2005 applied to local authorities who in turn had due regard to, inter alia, the need to take steps to take account of disabled persons’ disabilities in carrying out all their functions under PtVII of the Housing Act 1996. This appeal has set a precedent in terms of applying the disability Discrimination Act to landlords. Costs were ordered against the Respondents totalling almost £50,000.

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Michael Pieretti -v- London Borough of Enfield