Private Registered Providers - Housing
Members of Chambers act extensively on behalf of providers of social housing across the country. Our breadth and depth of expertise affords a wide perspective of the housing sector. We can provide advice with all forms of housing dispute and in a variety of ways, including assistance with mediation, arbitration and other forms of Alternative Dispute Resolution. We represent and advise private providers of social housing in legal proceedings at all levels: at tribunals; in Magistrates’ courts; in county courts; the High Court and at appellate level.
Examples of the areas we assist with include:
• Anti-social behaviour orders and injunctions
• Possession proceedings: anti-social behaviour, rent, breach of tenancy etc.
• Rent increases
• Defending disrepair claims
• Judicial review proceedings
• Housing benefits
• Statutory compensation payments
• Rent and service charge disputes
• Right to buy/right to aquire
• Terms of tenancy agreements
• Tenants' rights
• Decanting and regeneration schemes
Members of Chambers are regularly involved in the cutting-edge issues of housing law (please see our e-flashes for details of recent cases, including those in which members of Chambers were instructed), and have acted in many of the leading cases in areas as diverse as human rights, lawfulness of rent increases, and tolerated trespassers.
Recent Cases of Note
Andrew Arden QC and Christopher Baker appeared on behalf of London & Quadrant Housing Trust in R (Weaver) v London & Quadrant Housing Trust  1 WLR 363, where the Court of Appeal held that a registered social landlord had acted as a public authority for the purposes of s.6 Human Rights Act 1998, and was accordingly amenable to judicial review, when serving a notice of seeking possession on a tenant.
Andrew Arden QC and Iain Colville represented Islington BC and Christopher Baker represented the Secretary of State for Communities and Local Government in White v Knowsley Housing Trust; Porter v Shepherds Bush HA; Honeygan-Green v Islington BC  1 AC 636, in which the House of Lords held that: (a) the case law of “tolerated trespassers” did not apply to assured tenants; (b) an application could be made to revive a secure tenancy once the arrears had been paid off, despite previous failure to comply with the terms of the order; and (c) a secure tenant was entitled to continue to exercise a right to buy claim despite the intervening termination and later revival of the tenancy.
Christopher Baker acted for Midland Heart in Richardson v Midland Heart  L&TR 31, in which the tenant's interest in a shared ownership lease (including the premium paid) was held to have been terminated entiredly after a possession order under Ground 8 had been made and executed. The case was due to have been heard by the Court of Appeal in 2010, but the tenant abandoned her appeal.
Arden Chambers' e-flashes are widely used and respected as a valuable source of regular legal updating. They provide an immediate response to a recent decision (or other legal development) sent electronically, direct to your email account. You can register to receive e-flashes in any (or all) of our specialist practice areas. To register to receive e-flashes, please click here.
Housing Insight is prepared by Professor Martin Partington CBE QC (Hon). It is an occasional series addressing selected housing issues which are of particular interest to housing lawyers.
Articles & Briefings
To view our recent articles and briefings on this sector please click here.
Seminars & Training
Chambers is involved in writing and editing an extensive portfolio of legal publications on housing law. Our emphasis on research and writing together with our practical expertise in court means that we are uniquely placed to provide effective training for providers of social housing. We are happy to provide training on all issues which can be tailored to respond to your particular needs. We offer flexibility of format and content. Some examples of the many areas we can offer training on are:
• Compliance with the Equality Act 2010;
• PRP's as public authorities under the Human Rights Act 1998;
• Regulation under the Housing and Regeneration Act 2008;
• Anti-social behaviour – case law and good practice;
• "Gateway (b)" defences in possession proceedings.
For more detailed information on the Seminars and Training courses we have run in the past and plan for the future, and for information on how to register your interest please visit our information centre or contact the clerks.