Andy Lane’s practice focuses on social housing, local government and public law, and he works primarily for local authorities and housing associations.
Before coming to the Bar, Andy spent over 10 years working in the statutory and voluntary sector in the field of housing, debt and benefits advice. He also had a spell as a local authority councillor, and held a number of portfolios during that time, including Chair of the Housing Committee. This background has meant that Andy is very approachable, comfortable in a variety of settings and able to articulate his advice and casework in a manner that is both attractive and compelling.
Though Andy has extensive experience in matters ranging from housing possession and injunction trials, homelessness appeals, housing licensing, judicial review claims and Upper Tribunal age assessment challenges through to appellate advocacy in the higher courts, clients have also increasingly instructed him to advise on policy matters, housing allocation scheme reviews, compliance with statutory duty questions, tenancy agreement revisions and the impact of and fall-out from primary and secondary legislation, and government direction.
The legal directories have consistently recognised Andy as one of the leading practitioners at the Bar in the Social Housing field by placing him in the top-ranking category:
‘All round excellent barrister, always a few steps ahead, prepared for all eventualities, his high level of experience and knowledge.’ (Legal 500,2025)
‘He is calmness personified and his attention to detail is fantastic, as is his cross-examination.’ (Legal 500, 2024)
‘Andrew Lane has always provided excellent client care and sound advice, and is very easy to work with.’ (Chambers & Partners, 2024)
‘Andrew Lane is an exceptional, excellent barrister.’ (Chambers & Partners, 2024)
‘Andrew Lane is very good and a massively safe pair of hands.’ (Chambers & Partners, 2024)
‘Andy Lane remains an outstanding barrister and a wonderful person.’ (Chambers and Partners, 2023)
‘Andrew provides good, strong advice and speaks in a way clients understand easily.’ (Legal 500, 2022)
‘Fiercely intelligent, a formidable opponent, yet friendly, down to earth and approachable.’ (Legal 500, 2021)
‘His knowledge is exceptional, and his advocacy and written services have been consistently at a very high standard.’ (Chambers and Partners, 2021)
He is also ranked in the Legal 500 2024 Local Government field.
He is the author of Cornerstone on Social Housing Fraud and has set up a blog to encourage the free flow of information on this topic.
His recent appearances in the higher courts include: Hussain v Newham LBC [2024] H.L.R. 10, R(AB) v Westminster City Council [2024] H.L.R. 30, Hertfordshire County Council v Davies [2020] EWHC 838 (QB), R (Z and anor) v Hackney LBC and anor [2020] 1 W.L.R. 4327, Stanley v Welwyn Hatfield Borough Council [2021] H.L.R 12, R(LYB) v Kent County Council [2021] EWHC 663 (Admin), Milton Keynes Council v Wilsher [2022] EWHC 578 (QB), London & Quadrant Housing Trust v Stokes [2022] EWHC 1120 (QB), Clarion Housing Association Ltd v Carter [2022] H.L.R. 10, Metropolitan Housing Trust Ltd v TM [2022] 1 W.L.R. 2161, R(ZK) v Havering LBC [2022] H.L.R. 47, (Gomes) v Royal Borough of Kensington and Chelsea [2023] EWHC 778 (Admin),R(SO) v Thanet District Council [2023] EWCA Civ 526, Saint Sepulchre v Kensington and Chelsea RLBC [2023] EWHC 2913 (Admin), Hussain v Newham LBC [2023] UKUT 287 (LC) and R (AB) v Westminster City Council [2024] EWHC 266 (Admin).
Expertise
- Housing
Andy has been consistently ranked in the top band of leading juniors in the social housing field in Chambers and Partners, and is similarly recognised in The Legal 500. He has significant experience in the areas of:
- Anti-social behaviour (possession and injunction work, including gang injunctions)
- Tenancy fraud (including criminal prosecution)
- Equality Act 2010, public law and Convention right defences and challenges
- Homelessness (including appeals and judicial review challenges)
- Part VI allocation challenges and advice
- Tenancy drafting (including Wales)
- Fixed term and flexible tenancies
- Policy
- Regulatory issues
He is regularly instructed by the leading solicitors in social housing as well as directly by local housing authorities and private registered providers.
He has also been involved in many of the high-profile housing cases in recent years in the higher courts including:
- Hussain v Newham LBC [2024] H.L.R. 10
- R(AB) v Westminster City Council [2024] H.L.R. 30
- Salix Homes v Mantato [2019] 1 W.L.R. 3609
- Powell v Dacorum Borough Council [2019] H.L.R. 21
- Adam v City of Westminster [2019] H.L.R. 15
- Gullu v Hillingdon LBC/Ward v Hillingdon LBC [2019] H.L.R. 30
- Hertfordshire County Council v Davies [2020] EWHC 838 (QB)
- R (Z and anor) v Hackney LBC and anor [2020] 1 W.L.R. 4327
- Ohio Stanley v Welwyn Hatfield Borough Council [2021] H.L.R. 12
- Clarion Housing Association Ltd v Carter [2022] H.L.R. 10
- Metropolitan Housing Trust Ltd v TM [2022] 1 W.L.R. 2161
- London & Quadrant Housing Trust v Stokes [2022] EWHC 1120 (QB)
- R(ZK) v Havering LBC [2022] EWHC 1854 (Admin)
- R(Gomes) v Royal Borough of Kensington and Chelsea [2023] EWHC 778 (Admin)
- R(SO) v Thanet District Council [2023] EWCA Civ 526.
- Saint Sepulchre v Kensington and Chelsea RLBC [2023] EWHC 2913 (Admin)
- Hussain v Newham LBC [2023] UKUT 287 (LC)
- R (AB) v Westminster City Council [2024] EWHC 266 (Admin).
Andy’s book, Cornerstone on Social Housing Fraud, was published in December 2017 and is now in its 2nd edition. He is currently drafting the third edition due for publication in 2025. He is the founder of the Cornerstone on Social Housing Fraud blog.
- Court of Appeal Ruling: Implications for Shared Ownership Sector27 Jun 2024
- Banning Order upheld by Upper Tribunal12 Dec 2023
- The Court of Appeal considers the issue of “late” review decisions and section 204 (homelessness) appeals06 Nov 2020
- Positive News for Positive Action16 Oct 2020
- 11th hour extension to Possession claim stay24 Aug 2020
- R (Z and anor) v Hackney LBC and anor08 Jun 2019
- The Court of Appeal provides helpful guidance to second possession claims and set aside applications20 Mar 2019
- Public sector equality duty in possession proceedings: context is everything24 Jan 2019
- Court of Appeal rejects challenges to out-of-area placements06 Dec 2018
- High Court upholds 10 years’ residence requirement to join social housing waiting list26 Jul 2018
- R (on the application of TW, SW & EM) v London Borough of Hillingdon [2018] EWHC 1791 (Admin)13 Jul 2018
- R (on the application of Martina McDonagh) v Enfield London Borough Council (2018)24 May 2018
- Breach of s. 11 Children Act 2004 does not necessarily preclude orders for possession06 Mar 2018
- Sims v Dacorum Borough Council [2013] EWCA Civ 12; [2013] All ER (D) 172 (Jan); (2013) 157(4) SJLB 4301 Jan 2018
- Byrne V Poplar Housing And Regeneration Community Association Ltd [2012] EWCA Civ 832; [2012] HLR 3301 Jan 2018
- Corby Borough Council V Nicholle Scott : West Kent Housing Association Ltd V Jack Haycraft [2012] EWCA Civ 276; [2012] HLR 23; [2012] 12 EG 92 (CS); [2012] 1 P & CR DG2301 Jan 2018
- Ealing London Borough Council (2) Kensington & Chelsea Royal London Borough Council (3) Hammersmith & Fulham London Borough Council V (1) Notting Hill Housing Trust (2) A2 Dominion Housing Group Ltd [2015] EWHC 16101 Jan 2018
- Michael Sims (Appellant) V Dacorum Council (Respondent) & Secretary Of State For Communities & Local Government (Interested Party) [2014] UKSC 6301 Jan 2018
- Khadra Farah V Hillingdon London Borough Council [2014] EWCA Civ 35901 Jan 2018
- Swan Housing Association Ltd V Cary Gill [2013] EWCA Civ 156601 Jan 2018
- Poplar Housing And Regeneration Community Housing Association Ltd V Stephen Howe [2010] EWHC 1745 (QB)01 Jan 2018
- Wright V Croydon LBC [2007] EWHC (QC) [2007] All ER (D) 95 (Dec), 6.12.0701 Jan 2018
- London Borough Of Wandsworth V Ms Sylvia Smith (7 February 2013)01 Jan 2018
- R (Ms Natasha Gargett) V The Mayor & Burgesses Of The London Borough Of Lambeth [2008] EWCA Civ 145001 Jan 2018
- Oxford City Council V Darren Bull [2011] EWCA Civ 609; [2012] 1 WLR 20301 Jan 2018
- Poplar HARCA v Mr Kamal Ahmed Ali (County Court at Bow) DJ Pigram01 Jan 2018
- High Court rejects Article 14 challenge regarding security of tenure for local authority employees occupying ‘tied accommodation’01 Jan 2018
- Social housing fraud and ‘dishonesty’01 Jan 2018
- Three new titles in the “Cornerstone On” series announced06 Aug 2024
- Josef Cannon KC, Andrew Lane and Tara O’Leary commended in inaugural Pro Bono Recognition List17 Jun 2024
- Andrew Lane to speak at national tenancy fraud conference13 May 2024
- Better Late Than Never? First Reading of Renters (Reform) Bill in Parliament18 May 2023
- Andrew Lane to speak at the Tenancy Fraud Forum’s Annual Conference17 Apr 2023
- Newly announced: Cornerstone on Social Housing Fraud (Second Edition)14 Apr 2021
- The MJ: Disrepair and different tenures01 Feb 2021
- Possession claims after the stay is lifted10 Aug 2020
- Positive Action and Social Housing07 Jul 2020
- NEW BRIEFING – Local authorities post COVID-19. All you need to know01 Jul 2020
- Homelessness and domestic violence19 May 2020
- Social housing allocation: new guidance for social landlords during the Covid-19 pandemic28 Apr 2020
- Litigation in lockdown: the housing cases receiving pandemic priority07 Apr 2020
- Residential Possession claims and COVID-1925 Mar 2020
- Cornerstone Barristers Homelessness Briefing23 Mar 2020
- The Housing Year: 12 cases – 2018/924 Sep 2019
- Court of Appeal and possession claims: what’s next for PSED?30 Jul 2019
- The Three Minute Brief – When is someone ‘intentionally homeless’?04 Jul 2019
- What exactly did the Supreme Court say in Samuels v Birmingham?13 Jun 2019
- PSED essential reading: lessons learned from L&Q v Patrick30 May 2019
- The Editors speak18 Feb 2019
- Public sector equality duty and possession claims18 Feb 2019
- New Housing Court: is it needed? A comment on the Government’s consultation15 Nov 2018
- A new deal for housing? Long-awaited Social Housing Green Paper published today14 Aug 2018
- The Editor speaks03 Apr 2018
- Homelessness Cases of Interest03 Apr 2018
- Cornerstone Housing Newsletter – August 201601 Jan 2018
- The Court of Appeal considers suspended possession orders01 Jan 2018
- Cornerstone Barristers Special Edition Housing Newsletter: Housing and Planning Act 201601 Jan 2018
- Cornerstone Housing Newsletter – February 201601 Jan 2018
- Practial Law – Anti-social Behaviour01 Jan 2018
- Affordable housing policy exclusions small sites, and vacant building credit01 Jan 2018
- Practical law – Social Housing Fraud:Tenancy Audits01 Jan 2018
- Thomson Reuters: LLG Housing Seminar blog01 Jan 2018
- Lexis PSL: Fully mutual housing corporations and possession proceedings01 Jan 2018
- Haile V London Borough of Waltham Forest [2015] UKSC 3401 Jan 2018
- Housing Newsletter October 201401 Jan 2018
- Cornerstone Newsletter: Bringing You the Latest in Legal Developments01 Jan 2018
- PSPOs: Bans on hats, lying down in public, car cruisers and skateboarders…what next?01 Jan 2018
- Does a landlord need court permission to issue a warrant for possession?01 Jan 2018
- Cornerstone Housing Newsletter – November 201601 Jan 2018
- Voluntary right to buy research produced01 Jan 2018
- Cornerstone Housing Newsletter – February 201701 Jan 2018
- Cornerstone Housing Newsletter May 201701 Jan 2018
- Cornerstone Barristers Housing Newsletter August 201701 Jan 2018
- Making it easier for victims of domestic abuse to access social housing01 Jan 2018
- MPs scrutinise Government’s implementation plan for the Homelessness Reduction Act 201701 Jan 2018
- What difference does the revised anti-social behaviour guidance make?01 Jan 2018
- Cornerstone Barristers launches new blog on social housing fraud01 Jan 2018
- Cornerstone Housing Newsletter – May 201601 Jan 2018
- Cornerstone Housing Newsletter – October 201501 Jan 2018
- Cornerstone Barristers Housing Newsletter – July 201501 Jan 2018
- Do Housing Associations still exercise “public functions”?01 Jan 2018
- Public Law and Judicial Review
Andy has consistently been instructed on a range of public law issues, both in relation to the broader social housing field and in other areas of work including:
- Council Tax and other benefit issues (including Tribunal work)
- Public law defences raised in housing and property residential cases
- Advising local authorities and housing associations on meeting Equality Act obligations and other public law requirements in their policies and practice
- Homelessness and interim powers and duties requirements
- Licensing in the housing field
- Charging policy advice
- Age assessment judicial reviews and Upper Tribunal hearings
- Children Act advices and challenges
- Mental Health Act discharge and after-care issues and arbitrations
- Hoarding and access issues in social housing
- Convention right and common law actions against local authorities
His recent reported cases include:
- Gullu v Hillingdon LBC/Ward v Hillingdon LBC [2019] H.L.R. 30
- R(LYB) v Kent County Council [2021] EWHC 663 (Admin)
- R(SO) v Thanet DC [2022] EWHC 1731 (Admin)
- R(ZK) v Havering LBC [2022] EWHC 1854 (Admin)
- R(Gomes) v Royal Borough of Kensington and Chelsea [2023] EWHC 778 (Admin)
- R(SO) v Thanet District Council [2023] EWCA Civ 526
- Saint Sepulchre v Kensington and Chelsea RLBC [2023] EWHC 2913 (Admin)
- Hussain v Newham LBC [2023] UKUT 287 (LC)
- R (AB) v Westminster City Council [2024] EWHC 266 (Admin).
Andy has also acted for housing associations faced with potential and actual judicial review challenges, and is comfortable in drafting grounds and protocol letters, putting forward practical solutions, negotiating settlement, and representing clients in court.
Andy is currently the joint head of Chambers’ Public Law Team and a trustee of the Institute for Constitutional & Democratic Research.
- Positive News for Positive Action16 Oct 2020
- Court of Appeal rejects challenges to out-of-area placements06 Dec 2018
- High Court upholds 10 years’ residence requirement to join social housing waiting list26 Jul 2018
- R (on the application of TW, SW & EM) v London Borough of Hillingdon [2018] EWHC 1791 (Admin)13 Jul 2018
- R (on the application of Martina McDonagh) v Enfield London Borough Council (2018)24 May 2018
- Ealing London Borough Council (2) Kensington & Chelsea Royal London Borough Council (3) Hammersmith & Fulham London Borough Council V (1) Notting Hill Housing Trust (2) A2 Dominion Housing Group Ltd [2015] EWHC 16101 Jan 2018
- R(on the application of IG (Angola)) v Croydon London Borough Council [2015] EWHC 64901 Jan 2018
- R (On The Application Of Steven Earl) V Winchester City Council [2014] EWHC 195 (Admin)01 Jan 2018
- Khadra Farah V Hillingdon London Borough Council [2014] EWCA Civ 35901 Jan 2018
- R (On The Application Of Southern Landlords Association) V Thanet District Council [2012] EWHC 3187 (Admin)01 Jan 2018
- R v The Mayor & Burgesses of the London Borough of Lambeth, ex p Muazu Usman [2005] EWHC 2974 (Admin)01 Jan 2018
- Oxford City Council V Darren Bull [2011] EWCA Civ 609; [2012] 1 WLR 20301 Jan 2018
- Secretary Of State For Work & Pensions V Neera Mohammad [2011] EWCA Civ 135801 Jan 2018
- R (on the application of BHANDARI & ANOR) v CROYDON LONDON BOROUGH COUNCIL QBD (Admin) (Blake J)01 Jan 2018
- R(WA) v London Borough of Croydon (Upper Tribunal – Immigration and Asylum Chamber) Upper Tribunal Judge Warr01 Jan 2018
- Hilary Lukats V London Borough Of Hillingdon (2012) 13/6/12 (SC035/11/00485)01 Jan 2018
- Three new titles in the “Cornerstone On” series announced06 Aug 2024
- Josef Cannon KC, Andrew Lane and Tara O’Leary commended in inaugural Pro Bono Recognition List17 Jun 2024
- Andrew Lane to speak at national tenancy fraud conference13 May 2024
- New Chairs of the Cornerstone Public Law Team10 Feb 2022
- Positive Action and Social Housing07 Jul 2020
- NEW BRIEFING – Local authorities post COVID-19. All you need to know01 Jul 2020
- The Housing Year: 12 cases – 2018/924 Sep 2019
- Court of Appeal and possession claims: what’s next for PSED?30 Jul 2019
- The Three Minute Brief – When is someone ‘intentionally homeless’?04 Jul 2019
- What exactly did the Supreme Court say in Samuels v Birmingham?13 Jun 2019
- PSED essential reading: lessons learned from L&Q v Patrick30 May 2019
- Public sector equality duty and possession claims18 Feb 2019
- The Editor speaks03 Apr 2018
- Cornerstone Housing Newsletter – August 201601 Jan 2018
- The Court of Appeal considers suspended possession orders01 Jan 2018
- Cornerstone Barristers Special Edition Housing Newsletter: Housing and Planning Act 201601 Jan 2018
- Decision reached on court closures01 Jan 2018
- Cornerstone Housing Newsletter – February 201601 Jan 2018
- Practial Law – Anti-social Behaviour01 Jan 2018
- Haile V London Borough of Waltham Forest [2015] UKSC 3401 Jan 2018
- Voluntary right to buy research produced01 Jan 2018
- What difference does the revised anti-social behaviour guidance make?01 Jan 2018
- Cornerstone Housing Newsletter – May 201601 Jan 2018
- Cornerstone Housing Newsletter – October 201501 Jan 2018
- Cornerstone Barristers Housing Newsletter – July 201501 Jan 2018
- Property
Alongside his housing practice, Andy has extensive experience in advising and representing clients on a range of property-related issues.
This breadth of Andy’s practice in this area includes:
- Selective, additional & HMO licensing under the Housing Act 2004 – advices and legal challenges such as Hussain v Newham LBC [2023] UKUT 287 (LC).
- Defending statutory nuisance and other ‘property condition’ claims
- Service charges disputes
- Advice on Leases (including shared ownership)
- Adverse possession
- Tenancy renewals
- Banning Order upheld by Upper Tribunal12 Dec 2023
- Breach of s. 11 Children Act 2004 does not necessarily preclude orders for possession06 Mar 2018
- Tingdene Holiday Parks Ltd v (1) Brian Cox (2) Eileen Patricia Cox & Ors [2011] UKUT 310 (LC); [2011] 46 EG 10601 Jan 2018
- Lanyado/Kaczmarczyk-v-London Borough of Barnet (2010) LON/00AC/LSC/2009/0303 & 078701 Jan 2018
- Clugstone and others-v-Tingdene Holiday Park Ltd (2010) CHI/29UE/LIS/2009/0108 & 012901 Jan 2018
- Oakfern Properties Ltd-v-Desmond Ruddy [2006] EWCA Civ 1389 (2007) 3 WLR 52401 Jan 2018
- Cary Clark Gill v (1) Gary McCarthy (2) Gary Woods (3) Swan Housing Association Ltd 30 October 2015, Property Chamber, First-Tier Tribunal, Land Registration Division (Judge John Hewitt)01 Jan 2018
- R (on the application of ROTHERHAM ACTION GROUP LTD) v ROTHERHAM METROPOLITAN BOROUGH COUNCIL [2015] EWHC 1216 (Admin)01 Jan 2018