020 7242 4986 or 0333 240 0591 London | Birmingham | Cardiff
Andy's practice focuses on social housing and property, and administrative and public law.
He works primarily for local authorities and housing associations, although has extensive experience advising and representing private landlords and their associations.
Whilst Andy enjoys a diverse practice covering Housing, Administrative & Public Law, Health & Social Care, Property and Local Authority Governance & Services, it is his work for social landlords which has informed his practice direction and profile.
He works primarily for local authorities and housing associations, although has, particularly in relation to private rented sector licensing, advised and represented private landlords' associations extensively.
Andy was called to the Bar in 1999 having spent over 10 years working in the statutory and voluntary sector in the field of housing, debt and benefit advice. He has spent time on a local authority as a councillor, and held a number of portfolios during that time. This background has meant that Andy is very approachable, comfortable in a variety of settings and able to articulate his advice and case in a manner that is both attractive and compelling.
"One of the most practical, down-to-earth and talented people at the Bar, he is completely unflappable and exudes confidence." "He is really strong on housing management and leases, and has excellent client care skills." Chambers & Partners 2018
"He simplifies the law and court process and puts clients and witnesses at ease." Legal 500 2017
"He's got a very good presence in court, affable but very able." Chambers & Partners 2017
"Excellent client skills and very good on his feet. He's particularly good with vulnerable residents who require a more sensitive form of cross-examination." Chambers & Partners 2017
"Without doubt, one of the best social housing juniors out there." Legal 500 2016
"He has a great eye for detail." Legal 500 2016
"When he's in front of a judge, you are in awe. His management of the case and the way others defer to him is wonderful to watch. You're always glad to have him on your side." Chambers & Partners 2016
"Nobody disagrees that he's brilliant; he always wipes the floor with the other side." Chambers & Partners 2016
"Highly regarded for his expertise in tenancy fraud and nuisance actions." Legal 500 2015
Andy is ranked in the top band of leading juniors in the social housing field in Chambers UK and is similarly recognised in The Legal 500 in the same field. He has significant experience in the areas of anti-social behaviour (possession and injunction work), tenancy fraud, Equality Act 2010 and Human Rights Act 1998 defences and challenges, homelessness, Part VI allocations, and social landlord and tenant work generally.
He also advises in the areas of council tax and social security law, and acts on behalf of local authorities in the Children Act and wider community care field.
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 some of the high profile housing cases over the years in the High Court and Court of Appeal, and appeared in the Supreme Court last year in the joint tenancy notice to quit case of Dacorum Borough Council v Sims.
Andy has significant training and seminar experience both prior to coming to the Bar and since being called, including for CLT, White Paper and the Chartered Institute of Housing.
Recent examples of work:
(1) Acting for two Housing Associations in a challenge to the refusal of three local authorities to allow them a council tax exemption for void periods. The case, which reached the High Court, produced a significant degree of clarity for local authorities and associations in this area and enabled many of them to claim council tax exemptions.
(2) Acting for a housing association in its possession claim against a long-standing tenant who was accused of sub-letting his house. After three days of trial and many hours of preparation the claim eventually succeeded.
(3)Acting for a mobile home residents association in a long-running series of challenges to service charges levied against them, marked by a ruling that they were covered by the protection of the statutory provisions.
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:
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.
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
Defending statutory nuisance claims
Service charges disputes
Advice on Leases (including shared ownership)
Adverse possession
Tenancy renewals
17th September 2018
Following the publication of the Green Paper for Social Housing in August, Andy discusses the risk of relying on data gathering to measure the proposal's effectiveness on improving tenant engagement and increased flexibility surrounding 'right to buy'. You can read the article in full here.
21st December 2017
Cornerstone on Social Housing Fraud is a new title explaining the civil and criminal law, including evidence gathering, pertaining to social housing fraud. According to government estimates, at least 100,000 social housing properties are the subject of housing fraud. In response to this, the Government introduced the Prevention of Social Housing Fraud Act. The Act has made tenancy fraud a criminal matter - and local authorities have the power to prosecute those who unlawfully sublet their social housing.
5th December 2017
In this article, Andy discusses the current state of play with the Grenfell Tower Inquiry and considers the likely reforms that will follow.
1st April 2016
"Sub-letting: have you got the best evidence?" – Social Housing Law Association Newsletter (April 2016)
25th September 2015
Andrew Lane and Dean Underwood presented on anti-social behaviour, the right to buy and assets of community value at a recent seminar for Lawyers in Local Government Housing and Regeneration group. In their presentations, they considered:
Click here for further information on the seminar.
2nd September 2015
"Fully Mutual Housing Co-operatives and Possession Claims" - Journal of Housing Law J.H.L. (2015) Vol.18 No.5 Pages 91-95
Discusses the Chancery Division decision in Southward Housing Co-operative Ltd v Walker, involving a fully mutual housing association's possession claim for rent arrears, and reflects on the judge's reasoning when finding, with reference to the Supreme Court ruling in Mexfield Housing Co-operative Ltd v Berrisford, that the parties' arrangement was not a tenancy but a contractual licence and entitled the landlord to possession.
22nd June 2015
Andrew Lane has written an article on the judgement in Southward Housing Co-operative Ltd v Walker and another [2015] EWHC 1615 (Ch), [2015] All ER (D) 141 (Jun) and its relevance for fully mutual housing bodies and tenants of social housing.
Click here to read the full article.
9th June 2015
"Fully mutual housing cooperatives boosted by High Court possession ruling" – Local Government Lawyer
23rd December 2014
Social housing fraud is an increasing problem for social landlords, with approximately 107,000 social housing homes being unlawfully occupied with a value of £178 million. Andrew Lane explains what a tenancy audit should contain and the process for investigating possible tenancy fraud following an audit.
Click here to see the full article.
14th October 2014
In this first of two articles Andrew Lane looks forward to the introduction of a number of new ASB "tools" introduced by the Anti-social Behaviour, Crime & Policing Act 2014.
31st July 2014
Andrew has recently commented on the Manchester City Council v Pinnock judgment in the following publications:
Andy is a regular speaker at internal seminars, as well as at conferences organised by external providers, on a range of topics. Most recently he has spoken on age assessment, HMO licensing, assets of community value and vulnerable tenants.
He is always happy to co-tutor in-house and has long offered informal advice to clients where appropriate.
• Constitutional and Administrative Law Bar Association
• Property Bar Association
• Social Housing Law Association
• Chartered Institute of Housing
News
26th September 2018
Newsletter news Things are changing, both with regard to this Newsletter and (possibly) the wider social housing world. In respect of the former, one has become two and Tara has been....News
A new deal for housing? Long-awaited Social Housing Green Paper published today
14th August 2018
The Social Housing Green Paper, A new deal for social housing, has finally been published and will be open for consultation until 6 November 2018. Andy Lane and Dean Underwood....Case
High Court upholds 10 years’ residence requirement to join social housing waiting list
26th July 2018
A condition requiring applicants to demonstrate at least 10 years' continuous residence in-borough before they can qualify to join Hillingdon Council's Housing Register – a condition thought to be the....Case
R (on the application of TW, SW & EM) v London Borough of Hillingdon [2018] EWHC 1791 (Admin)
13th July 2018
The allocation scheme of the London Borough of Hillingdon unlawfully discriminated against the Claimants, pursuant to ss. 19 and 29 of the Equality Act 2010, on grounds of racial group....Case
R (on the application of Martina McDonagh) v Enfield London Borough Council (2018)
24th May 2018
Although a local housing authority had acted in breach of its statutory duty under the Housing Act 1996 s.188 by failing to secure accommodation for a mother where it had....News
29th March 2018
It will not surprise anybody to hear that this has been a busy period for all those involved in housing. On a personal level, that has included a successful appearance....News
Homelessness Cases of Interest
29th March 2018
Since the last housing newsletter, there has been a number of homelessness cases reported. 1. DAVIS v WATFORD BOROUGH COUNCIL [2018] EWCA Civ 529 On a proper interpretation of the Housing Act....Case
Breach of s. 11 Children Act 2004 does not necessarily preclude orders for possession
6th March 2018
In an important decision for local housing authorities handed down today, Hertfordshire County Council v Davies, the Court of Appeal has confirmed the lawfulness of an order for possession notwithstanding....News
Cornerstone Barristers launches new blog on social housing fraud
15th February 2018
Following the book launch of Cornerstone on Social Housing Fraud early this month, its author Andy Lane and colleague Richard Hanstock announce their new blog dealing with this area of....News
What difference does the revised anti-social behaviour guidance make?
9th January 2018
On 24 December 2017, the Government published the revised Statutory Guidance for Frontline Professionals on anti-social behaviour (ASB) powers available under the Anti-social Behaviour, Crime and Policing Act 2014 (the....News
MPs scrutinise Government’s implementation plan for the Homelessness Reduction Act 2017
29th November 2017
The Communities & Local Government Select Committee, chaired by Clive Betts MP, has been providing an oversight of the Government's introduction of the Homelessness Reduction Act 2017, in a one-off....News
Do Housing Associations still exercise “public functions”?
20th November 2017
The Office of National Statistics (ONS) announced last week that private registered providers (PRPs) were being reclassified as private rather than public, non-financial corporations, an announcement which is generating a....News
Making it easier for victims of domestic abuse to access social housing
31st October 2017
Making it easier for victims of domestic abuse to access social housing
....Case
Social housing fraud and ‘dishonesty’
26th October 2017
Social housing fraud and 'dishonesty'
....News
Cornerstone Barristers Housing Newsletter August 2017
22nd August 2017
The Cornerstone Housing NewsletterAugust 2017 includes...Case
21st June 2017
Paragraph 2 of Schedule 1 of the Housing Act 1985 provides that accommodation occupied by employees of local authority landlords, who occupy the property for the better performance of their duties,....News
Cornerstone Housing Newsletter May 2017
4th May 2017
The Cornerstone Housing Newsletter includes...News
Cornerstone Housing Newsletter - February 2017
6th February 2017
The Editor Speaks - Andy Lane The Housing and Planning Act 2016 Update - Tara O'Leary Homelessness Reduction Bill update 2016/17 - Matt Lewin Neighbourhood Planning Bill 2016/17 - Liam Wells Recent Housing....News
Voluntary right to buy research produced
16th January 2017
Last week long-awaited research into the original pilot schemes operating a "scaled-down" version of the Voluntary Right to Buy (VRTB) was published. Andy Lane has been following the developments of....News
Cornerstone Housing Newsletter - November 2016
3rd November 2016
Contents The Editor speaks - Andy Lane When is an applicant "significantly" more vulnerable than ordinary vulnerable? - Emma Dring Recent housing developments The current state of play in the Mayor of London's housing....News
Does a landlord need court permission to issue a warrant for possession?
14th October 2016
On the 18 or 19 October 2016 the Court of Appeal will consider in Cardiff County Council v Lee (Flowers) whether, as a result of changes to the Civil Procedure....News
PSPOs: Bans on hats, lying down in public, car cruisers and skateboarders...what next?
12th September 2016
Busy Bodies charter or effective tool? On Thursday of last week the Grand Chamber of the House of Lords debated the measures being taken to ensure that the powers available under....News
Cornerstone Housing Newsletter - August 2016
1st August 2016
The latest edition of the Cornerstone Housing Newsletter includes:Case
12th July 2016
The Tribunal determined that WA, a young person who had arrived in the UK from Afghanistan in 2013, was the age determined by the local authority during its most recent....News
The Court of Appeal considers suspended possession orders
11th July 2016
On Thursday, 7 July 2016 the Court of Appeal handed down judgment in City West Housing Trust v Lindsey Massey; Manchester & District Housing Association v Vincent Roberts [2016] EWCA....Case
Poplar HARCA v Mr Kamal Ahmed Ali (County Court at Bow) DJ Pigram
28th June 2016
An unlawful profit order pursuant to section 5 of the Prevention of Social Housing Fraud Act 2013 in the sum of £58,885.88 was made following a finding that the defendant....News
Cornerstone Barristers Special Edition Housing Newsletter: Housing and Planning Act 2016
31st May 2016
The Cornerstone Housing Team has produced a special edition newsletter to highlight the main issues arising from the Housing and Planning Act 2016. The newsletter includes: The Housing and Planning Act....News
Affordable housing policy exclusions small sites, and vacant building credit
16th May 2016
On Wednesday 11th May the Court of Appeal allowed the Government's appeal on all four grounds against Mr Justice Holgate's judgment in West Berkshire District Council and Reading Borough Council v Secretary of State for Communities and Local Government [2015] EWHC 2222 (Admin).
....News
Cornerstone Housing Newsletter - May 2016
4th May 2016
The latest edition of the Cornerstone Housing Newsletter includes: Message from the Heads of Team – Kuljit Bhogal and Kelvin Rutledge QC Hotak, Johnson & Kanu one year on – Kelvin Rutledge....Case
R (on the application of BHANDARI & ANOR) v CROYDON LONDON BOROUGH COUNCIL QBD (Admin) (Blake J)
21st April 2016
A local authority had given insufficient reasons for its decision that a care home resident had assets in excess of the statutory minimum threshold so that she was liable to....News
Decision reached on court closures
12th February 2016
Andrew Lane reports on the implications of the Ministry of Justice's "Proposal on the provision of court and tribunal estate in England and Wales". On 11th February 2016 the Ministry of Justice announced....News
Cornerstone Housing Newsletter - February 2016
1st February 2016
The latest Cornerstone Housing newsletter includes:News
Practial Law - Anti-social Behaviour
4th January 2016
Andrew Lane has written a guide to the new possession grounds as introduced under Part 5 of the Anti-social Behaviour, Crime and Policing Act 2014. The article considers the qualifying....News
Cornerstone Housing Newsletter - October 2015
29th November 2015
The latest Cornerstone Housing Newsletter includes...Case
30th October 2015
The applicant's application to be registered as proprietor of two parcels of land by reason of adverse possession cancelled.....News
Thomson Reuters: LLG Housing Seminar blog
25th September 2015
Andrew Lane and Dean Underwood presented on anti-social behaviour
....News
Cornerstone Barristers Housing Newsletter - July 2015
23rd July 2015
The latest Cornerstone Barristers Housing Newsletter includes...News
Lexis PSL: Fully mutual housing corporations and possession proceedings
22nd June 2015
Andrew Lane has written an article on the judgement in Southward Housing Co-operative Ltd v Walker and another [2015] EWHC 1615 (Ch),
....Case
S117 Mental Health Act 1983 Arbitration – 3 local authorities
21st May 2015
AL successfully acted for one of the 3 local authorities – Authority A - involved in the question of which one was responsible for s117 after-care support of an individual....News
Haile V London Borough of Waltham Forest [2015] UKSC 34
20th May 2015
Fresh from the Judgment in Hotak v London Borough of Southwark; Kanu v London Borough of Southwark; Johnson v Solihull MBC [2015] UKSC 30 last Wednesday the Supreme Court have....Case
30th April 2015
In relation to the power of a local authority to designate an area as subject to selective licensing, the court considered the meaning of the wording of the Housing Act....Case
2nd April 2015
A charitable body which sought an exemption from council tax under the Council Tax (Exempt Dwellings) Order 1992 art.3 Class B had the burden of establishing all four conditions for....Case
R(on the application of IG (Angola)) v Croydon London Borough Council [2015] EWHC 649
2nd April 2015
As a fact-finding hearing, the Claimant was held to have been an adult at the time of her entry into the United Kingdom.....News
Cornerstone Newsletter: Bringing You the Latest in Legal Developments
26th January 2015
Click here for the latest legal developments in housing law, as well as commentary, guidance on statutory developments and upcoming cases. Edited by Andrew Lane.....News
Practical law - Social Housing Fraud:Tenancy Audits
23rd December 2014
Andrew Lane looks at social housing fraud in an article for Practical Law. Social housing fraud is an increasing problem for social landlords with approximately 107,000 social housing homes being....News
Supreme Court upholds notice to quit principles established in Monk
24th November 2014
Following on from the Supreme Court's decision in Sims v Dacorum Borough Council (Respondent) and Secretary of State for Communities and Local Government (Intervener)[2014] UKSC 63 the successful team from Cornerstone Barristers representing the local authority – Ranjit Bhose QC, Andrew Lane, and Dean Underwood – talk to Lexis Nexis about the issues arising from the case and its likely impact.
....News
Long live the Conventional Monk
13th November 2014
The Supreme Court has handed down an eagerly-awaited judgment in the appeal of Sims v Dacorum Borough Council (Respondent) and Secretary of State for Communities and Local Government (Intervener) [2014] UKSC 63.
....News
Housing Newsletter October 2014
17th October 2014
Please click here to see our latest housing newsletter.....Case
R (On The Application Of S) V London Borough Of Croydon [2011] EWHC 2467 (Admin)
11th July 2014
It was not appropriate for a court to order a local authority to discharge its duty to a child under the Children Act 1989 s.20 in a particular way. The....Case
2nd April 2014
The decision in Hammersmith and Fulham LBC v Monk [1992] 1 A.C. 478, that at common law a periodic joint residential tenancy was terminated automatically served a notice to quit....Case
R (On The Application Of Steven Earl) V Winchester City Council [2014] EWHC 195 (Admin)
30th March 2014
A student who had enrolled on a full-time, two-year course of education but who spent the second year re-taking part of the first-year was not, during the second year, a....Case
Khadra Farah V Hillingdon London Borough Council [2014] EWCA Civ 359
27th February 2014
In conducting a review of an applicant's eligibility for accommodation under the Housing Act 1996 s202, a reviewing officer had failed to give reasons for accepting the correctness of a....Case
Swan Housing Association Ltd V Cary Gill [2013] EWCA Civ 1566
31st July 2013
A judge's finding that a housing association's tenant suffered from Asperger's syndrome and was therefore disabled was not supported by evidence. His conclusion, that in proceeding with an application for....Case
London Borough Of Wandsworth V Ms Sylvia Smith (7 February 2013)
7th February 2013
The judge dismissed the former tenants appeal against a possession order made in respect of a non-secure tenancy. One of the primary complaints was that he had not considered her....Case
R (on the application of Farouk Omar) v Lambeth LBC (4/2/13)
2nd February 2013
The Judge discharged the interim relief order requiring the local authority to accommodate the family and refused permission for judicial review. He found the challenges to the s17 Children Act....Case
31st January 2013
Dean Underwood and Andrew Lane represented the local authority in its successful defence of Court of Appeal proceedings. Mr Sims challenged the compatibility of the common law rule in Hammersmith....Case
Byrne V Poplar Housing And Regeneration Community Association Ltd [2012] EWCA Civ 832; [2012] HLR 33
31st July 2012
There was no error in a judge's decision refusing relief from sanctions and ordering outright possession against tenants who had not complied with a court order in possession proceedings, which....Case
31st July 2012
It was desirable for a judge to consider at an early stage in possession proceedings whether a tenant's case on proportionality under the European Convention on Human Rights 1950 art.8....Case
31st July 2012
A local housing authority had not acted unlawfully or irrationally in designating two of its wards as selective licensing areas based on evidence that there was an anti-social behaviour problem....Case
Oxford City Council V Darren Bull [2011] EWCA Civ 609; [2012] 1 WLR 203
31st July 2012
Residence in temporary accommodation provided by a local authority under the Housing Act 1996 s.188 could be taken into account when deciding if children resided with an applicant for priority....Case
Hilary Lukats V London Borough Of Hillingdon (2012) 13/6/12 (SC035/11/00485)
13th June 2012
The First-tier tribunal set aside the local authority's decision of the 9 July 2008 that there had been a housing benefit overpayment of £32,279.74 which was recoverable from Mrs Lukats,....Case
Richmond-Upon-Thames V Susana Kubicek [2012] EWHC 3292 (QB)
28th April 2012
The responsibility for ascertaining the facts relevant to deciding whether an applicant for housing was homeless vested in a local housing authority under the Housing Act 1996 Pt VII, and....Case
23rd April 2012
The court determined that the Children Act 1989 s.23C(4)(b) was sufficiently wide to cover assistance by way of financial contribution to the cost of accommodation in connection with the provision....Case
Secretary Of State For Work & Pensions V Neera Mohammad [2011] EWCA Civ 1358
31st July 2011
A person who was responsible for making mortgage interest payments pursuant to an order in ancillary relief proceedings was not entitled to income support to cover those payments because she....Case
31st July 2011
The Upper Tribunal (Lands Chamber) determined a number of issues in relation to services charges imposed on lessees of chalets in a holiday park.....Case
31st July 2010
Permission to appeal from the Recorder's decision to make a possession order refused. She had been entitled to reject the gateway (a) and gateway (b) defences - the tenancy had....Case
Lanyado/Kaczmarczyk-v-London Borough of Barnet (2010) LON/00AC/LSC/2009/0303 & 0787
31st July 2010
LVT concerning reasonableness of service charges, the impact of section 20B on insurance charges and the ability of the landlord to charge for one-off items.....Case
Clugstone and others-v-Tingdene Holiday Park Ltd (2010) CHI/29UE/LIS/2009/0108 & 0129
30th April 2010
LVT concerning the validity of landlord's documentation, whether charges were payable quarterly or annually, compliance with statutory inspection requirements, reasonableness matters and issues raised in county court proceedings transferred to....Case
R (Ms Natasha Gargett) V The Mayor & Burgesses Of The London Borough Of Lambeth [2008] EWCA Civ 1450
31st July 2008
In considering an application for a discretionary housing payment, the local authority erred in holding that the appellant could not make a claim in respect of a past period whilst....Case
Wright V Croydon LBC [2007] EWHC (QC) [2007] All ER (D) 95 (Dec), 6.12.07
6th December 2007
Appeal against refusal to stay warrant for possession; this decision was appealed by the landlord to the Court of Appeal, where the matter was adjourned pending the decision of the....Case
Oakfern Properties Ltd-v-Desmond Ruddy [2006] EWCA Civ 1389 (2007) 3 WLR 524
31st July 2007
Meaning of "dwelling" for service charge purposes, and limitation on access to LVTs.....Case
31st July 2005
Appeal from Valuation Tribunal as to liability for council tax.....EVENT
Cornerstone Barristers Housing Conference 2018
2nd October 2018
1
Hosted by the Cornerstone Housing Team, the conference will provide a thorough analysis of the latest developments in housing law and policy, as well as practical advice on a wide....EVENT
Seminar - Public law defences to possession claims
6th June 2018
1
This seminar seeks to explain and explore the myriad public law and discrimination challenges often seen in defences to residential possession claims brought on discretionary and/or mandatory grounds. It is aimed....EVENT
Defending disrepair claims seminar
6th September 2017
1
Aimed at all social landlords, this seminar will provide an overview of the basic principles underlying disrepair claims, and when to defend them. Andrew Lane and Zoe Whittington of the Cornerstone....EVENT
Public law/Equality Act 2010 defences seminar
7th June 2017
1
Local Authorities and Housing Associations are increasingly facing defences to their possession claims based on some public law challenge, or the Equality Act 2010. This is especially so with respect....020 7242 4986 or 0333 240 0591
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