Challenging an eviction with discrimination law

Summary

In addition to a discrimination claim, you might be able to make: * a claim using the Public Sector Equality Duty (PSED) You should assess how strong your case is and reconsider this when you get any evidence from the other side. 2. have shown how those legal rights have been breached 3. know the elements that must be established to prove you’ve got a legal right - this is different for each type of discrimination so check if you're not sure You should write down the different elements of the case and add the facts that you have to support them. You can then write down whether you have any evidence to support those facts - like an email saying why you’re being evicted. Doing this will also to help you work out what extra evidence you might need to get to be able to prove your case and identify any gaps or weaknesses in your case. You’ll need to do this for each one. Sometimes you'll be able to use the same evidence to show the different types of discrimination. For example, you might be able to use the same facts and evidence to show a claim of discrimination arising from disability as well as a failure to make reasonable adjustments. Once you’ve matched the evidence you have to.

Key information

• •a claim using the Public Sector Equality Duty (PSED)
• •from someone who witnessed the discriminatory incident
• •from someone who isn’t linked to either party
• •put together at the time or soon after the incident
• •the Practice Direction - Proceedings under Enactments Relating to Equality
• •you might not be allowed to rely on certain evidence or arguments
• •you might be ordered to pay the other side’s legal costs if you lose or run up legal costs unnecessarily by being unreasonable
• •you might not recover your costs against the other side if you win the case if you run up legal costs unnecessarily by being unreasonable
• •the parties are on an equal footing
• •the parties have tried to use other methods of sorting out the problem - like alternative dispute resolution
• •the parties try to save costs where possible
• •the way the case is dealt with reflects how much money is involved, how important or complicated the problem is and the financial position of the parties

Practical guidance

• •Source: [Challenging an eviction with discrimination law](https://www.citizensadvice.org.uk/housing/housing-discrimination/discrimination-in-housing/taking-action/challenging-an-eviction-with-discrimination-law/)

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