Catherine Rowlands

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Catherine Rowlands has a practice which covers all aspects of public law, especially social housing, community care and welfare, property, and other civil litigation.

She is a robust and tenacious advocate with substantial experience at all levels from the Magistrates’ Court to the Supreme Court, where she has appeared in some of the most important cases in housing law. Her expertise in housing law and care cases is brought to bear in judicial review of decisions of local authorities, as well as Court of Protection and County Court cases wherever the question of a person’s home and home life is at stake.

Catherine specialises in representing local authorities and housing associations and as well as litigation, provides advice on policies and procedure. She never loses the common touch and combines a down-to-earth style that sets witnesses at their ease with a persuasive command of the law.

Catherine also sits as a Recorder in civil cases: she loves the different viewpoint she gains as a Judge and brings the experience gained from hearing a wide range of cases to bear in her own practice.

She has a Maitrise in French International law from the Université de Paris I (Pantheon-Sorbonne) and speaks fluent French.

Catherine is a member of the Society of Mediators (SOM), providing expert advice and mediation to local authorities and clients, with a focus on community care and housing disputes.

Expertise

Housing
Catherine has extensive expertise in social housing and has appeared in some of the landmark cases in that area, in particular the seminal case on vulnerability, representing the Councils in Hotak v Southwark LBC, Kanu v Southwark LBC and Johnson v Solihull MBC. She represented the successful Council before the Supreme Court in Birmingham City Council v Ali (local housing authority’s duties to the “homeless at home”) and in Solihull MBC v Hickin, relating to the interrelation of the common law rules of survivorship and the statutory rules of succession, and appeared in Porter v Shepherds Bush Housing Association, on “tolerated trespassers”, and Birmingham CC v Walker, another succession claim. She has conducted many homelessness appeals before both County Court and Court of Appeal and advises councils on homelessness and allocations issues and policies. Catherine is particularly proficient in all types of possession claims, from anti-social behaviour to successors, acting predominantly for local authority and housing association landlords. She represented Sandwell MBC in the leading case of Hensley, establishing the principle that a tenant convicted of cannabis-farming has a heavy burden to discharge to stay in the property. In anti-social behaviour cases Catherine’s formidable cross-examination technique comes to the fore.

Cases: homelessness
- Hotak v Southwark LBC, Johnson v Solihull MBC [2015] UKSC 30: the Supreme Court’s consideration of vulnerability and priority need
- Kanu v Southwark LBC [2014] EWCA Civ 1085: the public sector equality duty and vulnerability
- Solihull MBC v Khan [2014] EWCA Civ 41: local authority not obliged to give reasons why accommodation is considered suitable
- R. (on the application of Bates) v Barking and Dagenham LBC [2012] EWHC 4218 (Admin): injunction requiring interim accommodation refused where it was likely C would find her own
- Birmingham City Council v Ali et al [2009] UKHL 36: whether accommodation is suitable depends on the period of time for which the person is to be expected to remain there
- Fazia Ali et al v Birmingham City Council [2008] EWCA Civ 1228: the homelessness procedure was compatible with article 8 of the European Convention on Human Rights
- Omar v Birmingham City Council [2007] EWCA Civ 610: an offer letter did not have to use the exact words of section 193(7) to comply with that statutory provision
- Rowley v Rugby BC [2007] EWCA Civ 483 : the local authority was entitled to rely on an applicant’s statement without putting it to her for comments
- Shala v Birmingham CC [2007] EWCA Civ 624: use of medical evidence
- Williams v Birmingham CC [2007] EWCA Civ 691: suitability of accommodation is primarily a matter of appreciation for the local authority with its greater knowledge of the local conditions
- F v Birmingham City Council [2006] EWCA Civ 1427: a woman who moved into accommodation she could not afford against the advice of her social worker was not acting in good faith when she closed her eyes to the relevant facts.
- Aw-Aden v Birmingham City Council [2005] EWCA Civ 1834: does a person coming to this country to look for a job make himself intentionally homeless or is he acting in good faith and in ignorance of a relevant fact?
- Short v Birmingham City Council [2004] EWHC 2112 (QB): an appeal can only be brought out of time if there is a good reason for the delay
Cases: general housing
- Muema v Muema and Croydon LBC [2013] EWHC 3864 (Fam): article 8 does not avail a joint tenant seeking to set aside Notice to Quit in matrimonial proceedings
- Solihull Metropolitan Borough Council v Hickin [2012] UKSC 39: Where a joint tenant moved out leaving his wife and daughter in possession of the property, what happens to the tenancy on the death of the wife? Does the daughter succeed to the secure tenancy or does it remain with the joint tenant by way of survivorship? The Supreme Court upheld Solihull’s position that the common law prevailed.
- Porter v Shepherds Bush Housing Association [2008] UKHL 70: tolerated trespassers and revival of tenancies
- Sandwell MBC v Hensley [2007] EWCA Civ 1425: a tenant who has used his home as a cannabis farm must show good reasons why he should be allowed to remain in the property. a vague promise of “a new leaf” is not enough.
- Walker v Birmingham City Council [2007] UKHL 22: where what would otherwise be a succession took place before the concept of succession was enacted, this does not prevent a second succession.
Housing – Anti-Social Behaviour

Dealing with anti-social behaviour is an important part of Catherine’s work. She is experienced in handling everything from injunction applications to more complicated possession claims, committals and appeals including matters such as:
- injunctions
- Closure orders
- Introductory, demoted & starter tenancies
- Possession claims
Housing – Disrepair & Housing Conditions

Catherine’s career was founded on disrepair claims. After nearly two decades of practice, she is well versed in section 11 claims, EPA prosecutions and liability for all kinds of dampness. Her cross-examination of experts in disrepair claims is enabled by a practical understanding of the use of a Protimeter.
Public Law and Judicial Review
Catherine is highly experienced in the Administrative Court, where she combines acting for local authorities with acting for the Government. She has appeared in innumerable cases before the Administrative Court and Court of Appeal including the lead case on costs when a judicial review claim is settled, M v Croydon LBC [2012] EWCA Civ 595. In immigration, notable cases include:
- R. (on the application of CK (Afghanistan)) v Secretary of State for the Home Department [2016] EWCA Civ 166 on the justiciabilty of Dublin II.
- R. (on the application of BG) v Secretary of State for the Home Department [2016] EWHC 786 (Admin), a challenge to the finding that the Claimant was not a Victim of Trafficking. The knowledge and skills gained in this area of the law complement those applied in her housing cases.
Health and Social Care
Catherine represents local authorities across the full range of community care issues, in particular the Administrative Court, and also Court of Protection, offering a sympathetic touch when dealing with sensitive issues. Catherine has a particular interest in age assessment cases having successfully challenged the merits of “expert” evidence in R. (on the application of R) v Croydon LBC where her cross-examination of the Claimant’s expert thoroughly discredited her evidence.

She represents many local authorities in relation to age assessments, and the issues arising out of them, and has conducted trials of the age in the quasi-judicial review jurisdiction of the Upper Tribunal as well as before that in the Administrative Court. In R (Aburas) v Southwark LBC [2019] EWHC 2754 (Admin), she defended the local authority’s assessment of the care needs of a man with no recourse to public funds in a case which lays down the ground rules for such decisions. She advises authorities about their policies in relation to adoption, NRPF and other cases where her former experience acting for the Government adds an extra dimension to her knowledge of the issues.
- Cornerstone Housing Day 2015 – Presentations01 Jan 2018
- Cornerstone Housing Newsletter – October 201501 Jan 2018
Property
Catherine Rowlands also undertakes general civil litigation, especially landlord and tenant and property-related litigation, including boundaries, dilapidations and disrepair claims.
- Solihull Metropolitan Borough Council v Hickin [2010] EWCA Civ 86801 Jan 2018
Court of Protection
- Overview
Catherine regularly appears in the Court of Protection, in particular concerned with challenges to deprivation of liberty. She represented the local authority in a significant case before Hayden J considering the question of the capacity of a brain-damaged man with alcoholism to make decisions about his residence and care.

Cases

Tower Hamlets LBC v PB [2020] EWCOP 34
Alternative Dispute Resolution
- Overview

Her advice is very clear and concise. She is very user-friendly and experienced.
Chambers UK Bar (2021)
Exceptional advocacy on paper and on her feet.
Legal 500 (2021)
She is very thorough and her arguments are well thought out.
Chambers UK Bar (2020)

About Catherine

Directory quotes
- Social Housing – “Highly knowledgeable about the law, effective and persuasive as an advocate and very responsive to needs of local authorities.” Legal 500 2022
- Social Housing – “Predominantly advocates on behalf of local authorities and housing associations. She offers expertise across all areas of housing law, and regularly handles cases relating to succession disputes, possession claims and unlawful eviction. Interviewees are particularly quick to highlight her tenacity in court. She is also a notable expert on homelessness law, and has acted in multiple major cases regarding the law in this area. Strengths: “She is excellent, approachable and down to earth. She goes over and above.” Chambers and Partners 2021
- “Her knowledge of homelessness matters is thorough and impressive. She is very committed and delivers work to a very high standard.” “She is superb and really skilled at cutting through a lot of information and getting to the point.” Chambers and Partners 2019
- “Impressive command of homelessness cases.” Legal 500 2018
- “Catherine is a robust and tenacious advocate who is both calm and down-to-earth. She gives clear, practical advice and guidance.” Chambers and Partners 2018
- “A very tough opponent and really fights her corner.” Chambers and Partners 2017
- “Very quick, very clever. An excellent advocate.” Chambers and Partners 2017
- “She is very tenacious but she does it with charm.” Chambers and Partners 2016
- “A safe pair of hands.” Legal 500 2016
Services

Catherine is happy to provide training and enjoys lecturing and sharing knowledge with other professionals.
Associations
- Administrative Law Bar Association (ALBA)
- Founding member of Social Housing Law Association
- Court of Protection Bar Association (committee member)
Notable cases
Accommodation, care needs and the Localism Act

30th October 2019

R(Aburas) v LB of Southwark [2019] EWHC 2754 (Admin)
Publications
Notable Cases
- Accommodation, care needs and the Localism Act30 Oct 2019