Private Registered Providers - Housing
Sector Leader: Christopher Baker
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
• Terms of tenancy agreements
• Tenant’s 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.
Cases of Note
In R (Weaver) v London & Quadrant Housing Trust [2009] EWCA Civ 587, 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 Christopher Baker appeared on behalf of London & Quadrant Housing Trust.
In White v Knowsley Housing Trust; Porter v Shepherds Bush HA; Honeygan-Green v Islington BC [2008] UKHL 70 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. Andrew Arden QC and Iain Colville represented Islington BC and Christopher Baker represented the Secretary of State for Communities and Local Government (intervening in Knowsley HT and Porter).
In Wandsworth LBC v Webb [2008] EWCA Civ 1643 the Court of Appeal allowed an appeal against a postponed possession order which had been based on the anti-social behaviour of the tenant’s son as the judge had wrongly taken into account three unsuccessful prosecutions brought against the son for breach of an ASBO. Tina Conlan represented the tenant.
E-flashes
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
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:
• The new regulatory framework and the impact of the Housing and Regeneration Act 2008;
• The creation of the Tenants Services Authority;
• The future of the tolerated trespasser and the impact of the Housing and Regeneration Act 2008;
• Anti-social behaviour – case law and good practice;
• Compliance with anti-discrimination law.
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.
latest news
speakers & seminars
e-flashes