Disabled man’s eviction notice is no match for Supreme Court

When the High Court rejected Jonathan Akerman-Livingstone’s appeal of his eviction order in 10 October 2013, it appeared that would be the end of the case. However, his fight kept on with surprising results just handed down from the highest level.

On 31 July, the Supreme Court released its ruling in the case of Aster Communities Ltd and Jonathan Akerman-Livingstone, a disabled tenant who had been asked to vacate the property by Aster, which was serving as his landlord. In this David vs. Goliath battle, the tenant won this latest round.

His case was just lost days earlier when the Court of Appeal rejected his argument to be allowed to stay in the home. An eleventh hour request for the Supreme Court to review the case was granted.

The man suffers from Post Traumatic Stress Disorder (PTSD) and claims that requiring him to move to an alternate accommodation would cause unreasonable harm. PTSD is classified as a mental health disorder often brought on by tragic events.

It was a shocking bit of news for housing associations, especially since prior rulings had confirmed Aster’s right to evict the tenant. They felt that since appropriate alternate accommodations had been provided, that they had fulfilled their obligations. The tenant rejected those accommodations on the grounds that it would cause increased stress.

For now, the man may continue to occupy the flat while he waits for the Supreme Court to consider his appeal. The stay from eviction that they granted is valid through November, when his appeal will be formally considered. With the outcome still in limbo, many housing industry leaders will be watching closely. Until the next scheduled hearing, the tenant will be provided all rights to occupy the property without fear of eviction. This is welcome news to the tenant, since Aster had indicated they would immediately proceed with the eviction following their win in the earlier ruling.