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.
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
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.
Social Housing - "Talented advocate who is praised for his unwaveringly dedicated approach, regardless of whether he is handling high-profile cases in the Court of Appeal and Supreme Court or more routine County Court possession claims. His practice encompasses all areas of social housing law, including welfare reform, housing fraud and advisory work for registered providers. He is further known for his strength in handling disrepair claims. Lane also has a growing policy practice and is able to assist housing associations draft allocation and rent reduction schemes. Strengths: "His knowledge is exceptional, and his advocacy and written services have been consistently at a very high standard." Chambers and Partners 2021
'Fiercely intelligent, a formidable opponent, yet friendly, down to earth and approachable.' Legal 500 2021
"He really puts people at their ease and, beneath that, he is a steely market-leading expert." "He has exceptional people skills and is a great advocate for the lay client." Chambers and Partners 2020
"He only raises sensible points and is incredibly knowledgeable" Legal 500 2020
"He has an encyclopaedic knowledge of housing law, is very good on his feet and does an all-round fantastic job." "A firm favourite of clients, he explains even the most complex of issues with great simplicity, putting clients at ease while realistically managing expectations." Chambers and Partners 2019
"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
1st February 2021
The Housing Act 1980 introduced the right to buy and one of its effects was to lead to local authority blocks becoming multi-tenure. Alongside their own tenants the legislation created not just lessees with a leasehold interest in the former council flat, but also private sector tenancies where the said lessees took the opportunity to become landlords themselves.
To read the rest of the article, see HERE.
10th August 2020
Andy Lane explains and provides an overview of the post-23 August 2020 landscape for residential possession claims.
To read more, see HERE.
30th July 2019
Andrew Lane wrote an article for the Housing Newsletter looking at a recent Court of Appeal judgment in Forward v Aldwyck Housing Group Ltd [2019] EWCA Civ 1334 - a case concerning the impact of a breached 'public sector equality duty' (PSED) on a discretionary possession claim.
4th July 2019
When is someone 'intentionally homeless'?
In this week's video, housing law expert (and author of Cornerstone on Social Housing Fraud) Andy Lane joins Sam to talk about what local authorities can consider when determining whether someone is intentionally homeless and whether their rent is unaffordable in the light of Birmingham v Samuels.
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 webinars and seminars, as well as at conferences organised by external providers, on a range of topics. Most recently he has spoken on allocation schemes, homelessness, domestic abuse and joint tenancies, and the public sector equality duty.
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: Housing
The MJ: Disrepair and different tenures
1st February 2021
By Andrew Lane | 01 February 2021 The Housing Act 1980 introduced the right to buy and one of its effects was to lead to local authority blocks becoming multi-tenure. Alongside....Case: Housing
6th November 2020
On 6 November 2020, in Stanley v Welwyn Hatfield Borough Council [2020] EWCA Civ 1458, the Court of Appeal dismissed an appeal against the striking out of a county court....Case: Housing
Positive News for Positive Action
16th October 2020
On 16 October 2020 the Supreme Court delivered judgment in the case of R (on the application of Z and another) v Hackney London Borough Council and another [2020] UKSC....Case: Housing
11th hour extension to Possession claim stay
24th August 2020
Andy Lane and Tara O’Leary consider the late changes announced by the Government on Friday, 21 August 2020 to extend the stay of possession claims beyond the 23 August....News: Housing
Possession claims after the stay is lifted
10th August 2020
Andy Lane explains and provides an overview of the post-23 August 2020 landscape for residential possession claims. There has been a lot written over the last few weeks about what will....News: Public Law and Judicial Review, Housing
Positive Action and Social Housing
7th July 2020
On 29 and 30 June 2020 the Supreme Court heard the appeal in the case of R (on the application of Z and another) v Hackney London Borough Council and another. The....News: Public Law and Judicial Review, Planning and Environment, Housing, Licensing, Information Law, Court of Protection, Health and Social Care, Local Government
NEW BRIEFING - Local authorities post COVID-19. All you need to know
1st July 2020
Local authorities have been instrumental in tackling the COVID-19 crisis and will play a pivotal role in the post-lockdown recovery. As a result, they are experiencing a surge in duties....News: Housing
19th May 2020
By Andy Lane and Tara O'Leary, Joint Editors, Housing Newsletter We are, to say the least, living in exceptionally difficult times. In addition to the tragic loss of life, the situation....News: Housing
Homelessness and domestic violence
19th May 2020
By Andy Lane and Rowan Clapp The change Thanks to the efforts of bodies such as Crisis, Women's Aid and the All-Party Parliamentary Group on Domestic Violence and Abuse, on Saturday 2....News: Housing
Social housing allocation: new guidance for social landlords during the Covid-19 pandemic
28th April 2020
By Kelvin Rutledge QC and Andy Lane The Ministry of Housing, Communities & Local Government, in collaboration with Public Health England, has published non-statutory guidance to support social landlords "on essential....News: Housing
Litigation in lockdown: the housing cases receiving pandemic priority
7th April 2020
From ministerial intent, to clarification, legislation and Civil Procedural Rule Amendment: we now have some clarity about the cases the courts will not be dealing with, certainly in the 90....News: Housing
Residential Possession claims and COVID-19
25th March 2020
Kuljit Bhogal & Andy Lane from Cornerstone Barristers' Housing and Public Law Teams describe the changes proposed by the Government in order to reduce or eliminate possession claims and their....News: Housing
Cornerstone Barristers Homelessness Briefing
23rd March 2020
This Briefing addresses particular issues raised for local housing authorities by COVID-19 in respect of their Part 7 homelessness duties and powers.
....News: Public Law and Judicial Review, Housing
The Housing Year: 12 cases - 2018/9
24th September 2019
By Andy Lane The last 12 months have proved significant in housing terms for landlords, tenants, housing providers and the homeless, and I was going to provide a detailed look at....News: Public Law and Judicial Review, Housing
Court of Appeal and possession claims: what’s next for PSED?
30th July 2019
By Andy Lane Yesterday saw the Court of Appeal handing down judgment in Forward v Aldwyck Housing Group Ltd [2019] EWCA Civ 1334, a case concerning the impact of a breached....News: Public Law and Judicial Review, Housing
The Three Minute Brief - When is someone 'intentionally homeless'?
4th July 2019
Samuels v Birmingham City Council [2019] UKSC 28
....News: Public Law and Judicial Review, Housing, Local Government
What exactly did the Supreme Court say in Samuels v Birmingham?
13th June 2019
Samuels v Birmingham City Council [2019] UKSC 28
....Case: Housing
R (Z and anor) v Hackney LBC and anor
8th June 2019
In R(Z & anor) v (1) LB Hackney (2) Agudas Israel Housing Association [2019] EWCA Civ 1099 the Court of Appeal heard an appeal from a judgment of the Divisional....News: Public Law and Judicial Review, Housing
PSED essential reading: lessons learned from L&Q v Patrick
30th May 2019
London and Quadrant Housing Trust v Patrick [2019] EWHC 1263
....Case: Housing
The Court of Appeal provides helpful guidance to second possession claims and set aside applications
20th March 2019
Salix Homes v Graciano Mantato [2019] EWCA Civ 445
....News: Public Law and Judicial Review, Housing
18th February 2019
By Andy Lane and Tara O'Leary Since the last Housing Newsletter in September last year a lot has happened, both in the social housing world and in Cornerstone Barristers' Housing Team.....News: Public Law and Judicial Review, Housing
Public sector equality duty and possession claims
18th February 2019
By Andy Lane - This article was first written for the SHLA Newsletter Introduction Nobody can seriously dispute the significance of the public sector equality duty (PSED) on the functioning of public authorities and....Case: Housing, Local Government
Public sector equality duty in possession proceedings: context is everything
24th January 2019
Dacorum Borough Council v Powell [2019] EWCA Civ 23
....Case: Public Law and Judicial Review, Housing, Local Government
Court of Appeal rejects challenges to out-of-area placements
6th December 2018
Adam v Westminster CC; Brent LBC v Alibkhiet [2018] EWCA Civ 2742
....News: Housing
New Housing Court: is it needed? A comment on the Government’s consultation
15th November 2018
By Andy Lane On Tuesday, the Ministry of Housing, Communities & Local Government (MHCLG) "unveiled" Housing Court proposals, though in reality the consultation document – Considering the case for a Housing....News: Public Law and Judicial Review, Housing
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: Housing
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: Public Law and Judicial Review, Housing
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: Public Law and Judicial Review, Housing
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: Public Law and Judicial Review, Housing
R (on the application of Martina McDonagh) v Enfield London Borough Council (2018)
24th May 2018
CASE REFERENCE
....News: Housing
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: Housing
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: Housing, Property
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: Housing
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: Public Law and Judicial Review, Housing
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: Housing
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: Housing
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: Housing
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: Housing
Social housing fraud and ‘dishonesty’
26th October 2017
Social housing fraud and 'dishonesty'
....News: Housing
Cornerstone Barristers Housing Newsletter August 2017
22nd August 2017
The Cornerstone Housing NewsletterAugust 2017 includes...Case: Housing
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: Housing
Cornerstone Housing Newsletter May 2017
4th May 2017
The Cornerstone Housing Newsletter includes...News: Housing, Property
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: Public Law and Judicial Review, Housing
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: Housing
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: Housing
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: Housing
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: Public Law and Judicial Review, Housing, Property
Cornerstone Housing Newsletter - August 2016
1st August 2016
The latest edition of the Cornerstone Housing Newsletter includes:Case: Public Law and Judicial Review
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: Public Law and Judicial Review, Housing
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: Housing
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: Public Law and Judicial Review, Planning and Environment, Housing
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: Planning and Environment, Housing
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: Public Law and Judicial Review, Housing
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: Public Law and Judicial Review, Health and Social Care
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: Public Law and Judicial Review
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: Public Law and Judicial Review, Housing
Cornerstone Housing Newsletter - February 2016
1st February 2016
The latest Cornerstone Housing newsletter includes:News: Public Law and Judicial Review, Housing
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: Public Law and Judicial Review, Housing, Property, Health and Social Care
Cornerstone Housing Newsletter - October 2015
29th November 2015
The latest Cornerstone Housing Newsletter includes...Case: Property
30th October 2015
The applicant's application to be registered as proprietor of two parcels of land by reason of adverse possession cancelled.....News: Housing, Health and Social Care
Thomson Reuters: LLG Housing Seminar blog
25th September 2015
Andrew Lane and Dean Underwood presented on anti-social behaviour
....News: Public Law and Judicial Review, Housing
Cornerstone Barristers Housing Newsletter - July 2015
23rd July 2015
The latest Cornerstone Barristers Housing Newsletter includes...News: Housing, Health and Social Care
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: Health and Social Care
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: Public Law and Judicial Review, Housing
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: Property
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: Public Law and Judicial Review, Housing
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: Public Law and Judicial Review
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: Housing
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: Housing
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
Housing Newsletter October 2014
17th October 2014
Please click here to see our latest housing newsletter.....Case: Health and Social Care
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: Housing
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: Public Law and Judicial Review
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: Public Law and Judicial Review, Housing
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: Housing
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: Housing
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: Health and Social Care
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: Housing
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: Housing
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: Housing
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: Public Law and Judicial Review
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: Public Law and Judicial Review, Housing
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: Public Law and Judicial Review
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: Health and Social Care
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: Public Law and Judicial Review
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: Property
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: Housing
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: Property
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: Property
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: Housing
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: Housing
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: Property
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: Public Law and Judicial Review
31st July 2005
Appeal from Valuation Tribunal as to liability for council tax.....6th November 2020
On 6 November 2020, in Stanley v Welwyn Hatfield Borough Council [2020] EWCA Civ 1458, the Court of Appeal dismissed an appeal against the striking out of a county court....Positive News for Positive Action
16th October 2020
On 16 October 2020 the Supreme Court delivered judgment in the case of R (on the application of Z and another) v Hackney London Borough Council and another [2020] UKSC....Positive Action and Social Housing
7th July 2020
On 29 and 30 June 2020 the Supreme Court heard the appeal in the case of R (on the application of Z and another) v Hackney London Borough Council and another. The....R (Z and anor) v Hackney LBC and anor
8th June 2019
In R(Z & anor) v (1) LB Hackney (2) Agudas Israel Housing Association [2019] EWCA Civ 1099 the Court of Appeal heard an appeal from a judgment of the Divisional....The Court of Appeal provides helpful guidance to second possession claims and set aside applications
20th March 2019
Salix Homes v Graciano Mantato [2019] EWCA Civ 445
....Public sector equality duty and possession claims
18th February 2019
By Andy Lane - This article was first written for the SHLA Newsletter Introduction Nobody can seriously dispute the significance of the public sector equality duty (PSED) on the functioning of public authorities and....Court of Appeal rejects challenges to out-of-area placements
6th December 2018
Adam v Westminster CC; Brent LBC v Alibkhiet [2018] EWCA Civ 2742
....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....R (on the application of Martina McDonagh) v Enfield London Borough Council (2018)
24th May 2018
CASE REFERENCE
....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....020 7242 4986 or 0333 240 0591
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