Housing

Overview

Our clients include all levels of government (central, local and devolved administrations), together with tenants, private landlords and representative bodies.

We are responsible for many of the leading works in this field, including the Encyclopaedia of Housing Law and Homelessness and Allocations. Barristers at Landmark were also heavily involved for the drafting of the Homes (Fitness for Human Habitation) Act 2018 and the Supported Housing (Regulatory Oversight) Act 2023. Both Chambers and Partners and the Legal 500 identify us as a leading set in this area and various barristers are identified as leading practitioners.

Our reported cases dominate the specialist law reports and recent examples include:

• R (on the application of Imam) v Croydon LBC [2021] EWHC 739 (Supreme Court decision awaited) – the nature of the s.193(2) Housing Act 1996 duty to secure suitable housing; discretionary remedies in public law
• Rakusen v Jepsen [2023] UKSC 9 – the scope of Rent Repayment Orders under the Housing and Planning Act 2016
  
• Croydon LBC v Kalonga [2022] UKSC 7 – now the leading case on fixed term secure tenancies and flexible tenancies
• Rowe v Haringey LBC [2022] EWCA Civ 1370 – whether a “dwelling” is a room in an HMO or the whole building
• Kowalek v Hassanein Ltd [2022] EWCA Civ 1041 – assessment of sums due under Rent Repayment Order
• Global 100 Ltd and others v Hounslow LBC and another (Court of Appeal forthcoming) – whether properties occupied by “property guardians” fall within Part 2, Housing Act 2004 and whether a Rent Repayment Order can be made in respect of such properties
• Merthyr Tydfill MBC v Churchill (Court of Appeal forthcoming) – costs, alternative dispute resolution, internal complaints processes and housing conditions claims
• Waltham Forest LBC v Hussain [2022] UKUT 241 (LC) (Court of Appeal decision awaited) – landlord licensing under Parts 2 and 3, Housing Act 2004; proper approach of the First Tier Tribunal when hearing appeals under those Parts
• Northumberland Mews Ltd v Thanet DC [2022 UKUT 179 (LC) – what is a “house” for the purposes of Part 3, Housing Act 2004
• Anchor Hanover Group v Cox [2023] UKUT 14 (LC) – leading case on the application of s.11(1A), Landlord and Tenant Act 1985 and the extended statutory repairing covenants.