North Devon Homes v Brazier
Ms Brazier suffered from a psychotic illness which was a "mental impairment" under the 1995 Disability Discrimination Act and her bizarre behaviour caused nuisance to her neighbours.

In March 2001 her RSL landlord arranged a transfer but her behaviour again caused difficulties and the landlord claimed possession.

Ms Brazier contended that to evict her would be unlawful discrimination contrary to the 1995 Act because her conduct was the result of her illness.

The local judge granted possession but Ms Brazier successfully appealed because, but for her illness, no action would have been taken against her. It was found that discrimination on account of disability could only be lawful "in order not to endanger the health or safety of any person". Neighbours were undergoing much "uncomfortableness" but were not at any risk from Ms Brazier, so the discrimination was unlawful and it was not reasonable to order possession.

Source

Housing Today

Reference

Tenants who are mentally ill are a necessary consequence of "care in the community". This case demonstrates that evicting such a person can only be justified if people are put at real risk beyond being inconvenienced.