Barrister Profile  

Annette Cafferkey Call: 1994
  • Anti-Social Behaviour
  • Education
  • F-tT (Property Chamber)
  • Housing
  • Landlord and Tenant
  • Local Government
  • Mediation
  • Property
  • Public Access
  • Public Law, Equality & Human Rights
  • Regulatory
"A tenacious lawyer, who understands the needs of vulnerable clients"
Legal 500

Summary

Having completed 12 months of chancery pupillage, Annette began practice as a tenant in October 1995 in a general common law set of Chambers where she gained wide-ranging litigation experience. She moved to Arden Chambers in 2001 which enabled her to specialise in her preferred areas – housing, landlord and tenant, property, public and education law. She is regularly instructed on behalf of a wide variety of clients including landlords (both private and social landlords), tenants and local authorities in respect of both court and advisory work.

Areas of Practice

Landlord and Tenant

Annette practice in this area covers all aspects of landlord and tenant work; she is instructed by a wide range of clients, including local authorities, PRPs and private landlords and tenants.

F-tT (Property Chamber)

Annette appears regularly in the F-tT. The areas of work she has covered in this tribunal includes service charge disputes (for both tenants, landlords (including local authorities) and managing agents, right to manage disputes, enfranchisement, breach of covenant matters and appeals relating to housing standards.

Housing

Annette’s practice encompasses all aspects of housing law, from possession proceedings, to homelessness and other public law proceedings.

She has broad experience of homelessness matters and acts regularly for both appellants and local authorities. In addition to this she has extensive experience in the following areas: possession, disability discrimination, disrepair, unlawful eviction and public law matters.

She acts for both landlords and tenants. Her landlord clients include both local authorities and PRPs.

She has accumulated wide ranging practical litigation experience at all levels.

Property

Annette deals with property issues in general (both in court and in an advisory capacity), particularly those in conjunction with the abovementioned areas.

Education

Annette’s education law practice relates primarily to exclusion and special educational needs matters.

Anti-Social Behaviour

Regulatory

Local Government

Public Law, Equality & Human Rights

Mediation

Public Access

Noteworthy Cases

Homelessness

Poshteh v Kensington & Chelsea RLBC [2015] EWCA Civ 711; [2015] HLR 36, leading counsel for the authority, successfully responding to second appeal in a homelessness matter relating to the suitability of accommodation offered; currently on appeal to the Supreme Court.

Makisi v Birmingham CC [2011] EWCA Civ 355; [2011] PTSR 1545; [2011] HLR 25 – procedural requirements on a statutory review

Nzamy v Brent LBC [2011] EWCA Civ 355; [2011] HLR 24 – unlawful discharge of housing duty

Housing/ Possession

Nottingham CC v Parr [2017] EWCA Civ 188, conditions attached to an HMO licence may restrict the use of part to a particular type of occupier.

Leicester CC v Bulbulia, [2014] Leicester County Court, on appeal to the Court of Appeal, defending possession claim on public law grounds (legitimate expectation), private law arguments (non est factum), and equitable assignment.

Barking & Dagenham LBC v Bakare [2012] EWCA Civ 750; [2012] HLR 34, representing Barking & Dagenham, responding to the tenant’s appeal in an anti-social behaviour case.

Hackney LBC v McNamara [2014] Central London CC, representing Hackney, claiming possession defended (unsuccessfully) on the basis of alleged succession.

Southwark LBC v Kofi-Adu [2006] EWCA Civ 281; [2006] HLR 38:  possession claim based on rent arrears and nuisance

Landlord & tenant

Croydon LBC v Afolayan (2014) LRX/37/2014; LON/00AH/LSC/2013/0339 – service charge dispute brought against Croydon, challenging their various bases of assessment for services in connection with their private leaseholder stock. Appeared (successfully) for Croydon; leaseholder’s application for appeal dismissed.

R (Afolayan) v Croydon LBC CO/2439/2014, successfully resisting judicial review application brought against Upper Tribunal’s refusal of permission to appeal.

Cleve Court (Ealing) Management Ltd v Link [2015] Central London CC, representing the defendant appellant successfully on her appeal against judgment in respect of service charges.

Cleve Court (Ealing) Management Ltd v Link [2016], Court of Appeal, successfully representing Ms Link at the claimant’s renewed application for permission to pursue a second appeal, in relation to its claim for service charges.

M.E. Ball Associates v (1) Abbouzakki Holdings Ltd, (2) Hurford Salvi Carr, (2) Saracen Investments, Central London County Court, (appeal to Circuit Judge) (April 2014) – management audit of service charge accounts and funds, representing the (successful) second and third defendants.

Rita Taylor & Others v Southwark LBC, successfully representing leaseholders dispute service charges LON/00BE/LSC/2006/0152

Norwich CC v Marshall [2008] LRX/114/2007, Lands Tribunal – construction of lease provisions

Connaught Court RTM Company Ltd v Abouzakki Holdings Ltd LON/00BK/LRM/2005/001: right to manage application (now on appeal to the Lands Tribunal).

Connaught Court Residents Management Ltd v Abouzakki Holdings Ltd LON/00BK/LRM/ 2005/0011

Public Law

R (TQ) v Wolverhampton CC CO/6006/15, representing TQ in a challenge the the local authority’s Local Offer and provision of autism treatment.

R (Enfield LBC) v Barnet Clinical Commissioning Group [2013] EWHC 3496 junior counsel in a judicial review challenge to a decision to close an A&E department

R (McDonagh) v Houslow LBC [2004] EWHC 511 (Admin): challenge to an assessment under s. 17 of the Children Act 1989.

Education

Howard v (1) President of SENDIST (2) Enfield LBC CO/5754/2005: appeal from SENDIST in respect of their dismissal of the application challenging the authorities named school on the SEN statement.

Legal Publications

Author/co-author

Leasehold Valuation Tribunals: A Practical Guide (Sweet and Maxwell 2004)

Housing Law Update – quarterly article for the New Law Journal 

Tolerated tresspass – What does this mean for the former Landlord and Tenant [1998] 62 Conv. 39

Protecting the sub-tenant on termination of the headlease [1999] 63 Conv. 232

Regulating Affordable Housing, Lexis Nexis, co-author – forthcoming.

Memberships

  • Housing Law Practitioners’ Association (HLPA)
  • Social Housing Law Association (SHLA)
  • Property Bar Association (PBA)
  • Administrative Law Association (ALBA)
  • Education Law Association (ELAS)