020 7242 4986 or  0333 240 0591 London  |  Birmingham  |  Cardiff
Philip Kolvin

Jon Holbrook

Called
1991
Telephone
020 7242 4986
Clerk
Daniel Gatt
CV
Email

Jon's practice covers public law (including community care & court of protection), housing and property (including service charges & general management).

After twelve years at Garden Court Chambers and two at Hardwicke Building Jon joined Cornerstone Barristers in 2006. He is described as 'terribly good – you get a QC service when you go to him' – Chambers & Partners 2017.

Jon's practice covers public law (including community care & court of protection), housing and property (including service charges & general management).

After twelve years at Garden Court Chambers and two at Hardwicke Building Jon joined Cornerstone Barristers in 2006. He is described as 'terribly good – you get a QC service when you go to him' – Chambers & Partners 2017.

Jon Holbrook is consistently praised in the legal directories for his intellect, advocacy and affable manner. Chambers & Partners describes Jon as "tenacious, extremely able and knowledgeable", "a man with an affable manner" who "presents advice well to lay clients, allowing them to quickly make informed decisions" (Chambers & Partners 2013).

Jon is listed as a leading junior for social housing and public law in Chambers & Partners (2006 to date) and as a leading junior for administrative and public law in the Legal 500 (2005 to date).

In 2005 Jon instigated the formation of the Social Housing Law Association (SHLA), an organisation he chaired until 2008. He is a SHLA representative on the Administrative Court Users Committee.

Jon was General Editor of the Housing & Property Law Review and Consultant Editor of the Journal of Community Care Law. He has also written on a wide range of legal issues which can be found under the publications tab.

Before being called to the bar in 1991 Jon was a local authority housing advisor and tenancy relations officer for Westminster City Council.

"If there is a particularly complex issue, he is the go-to man. He is very calm, measured and good on his feet." "A pleasure to deal with, he gives very sound and comprehensive advice." Chambers & Partners 2018

"His attention to detail is impeccable."  Legal 500 2017

"He has a well-deserved reputation as a leading housing junior" Legal 500 2017

"Always brilliant. He combines remarkable understanding of the law with standout client relationship skills." Chambers & Partners 2017

"Terribly good - you get a QC service when you go to him." Chambers & Partners 2017

"He has a well-deserved reputation as a social housing junior." Legal 500 2016

"His client care is brilliant and his knowledge and ability to present on any case is very good." Chambers & Partners 2016

"He's a real standout, a pleasure to work with and a safe pair of hands." Chambers & Partners 2016

"He has a fantastic intellect; he gets to the heart of a matter." Chambers & Partners 2016

"He provides helpful advice in protracted and difficult litigation." Legal 500 2015

Overview

Jon Holbrook is listed as a leader at the bar for social housing in Chambers (2005 to date) where he is noted as being a "leading light within the set" who is known for his "strong advocacy and straight and honest advice". In the latest edition of Chambers & Partners Jon is described as "tenacious, extremely able and knowledgeable", "a man with an affable manner" who "presents advice well to lay clients, allowing them to quickly make informed decisions" (Chambers & Partners 2013). He has previously been praised by instructing solicitors as the "fount of all knowledge" and also for having "an exceptional intellect" tempered by a "down-to-earth manner." He is "very methodical and committed" and "treats each case as if it were his only case." He is popular amongst both solicitors and clients. (Chambers & Partners 2012)

In 2005 Jon instigated the formation of the Social Housing Law Association (SHLA), an organisation he chaired until 2008. He is the General Editor of the Housing & Property Law Review.

Jon's housing practice covers the full range of landlord and tenant and housing management issues. He also regularly advises local authorities and registered social landlords on aspects of housing policy. Recent issues include:

Possession

  • problems obtaining and enforcing possession orders,
  • dealing with Human Rights Act defences,
  • judicial reviews of housing associations.

Homelessness

  • eligibility concerning EU nationals, family members and others from abroad,
  • resisting and discharging (ex parte) injunctions,
  • reviews and appeals in the county court,
  • homelessness strategies & discharging duties under Part 7.

LVT, Residential Property Tribunal & Lands Tribunal

  • service charges,
  • licensing of HMOs & other issues under Housing Act 2004,
  • variation of leases.

Local authority policy issues

  • problems arising with LSVTs, ALMOs & TMOs,
  • tenancy strategies & allocation schemes,
  • making cuts and saving money.

Other topical issues

  • ASBIs, ASBOs, closure & demotion orders and their replacements under the ASB Crime & Policing Act 2014,
  • right to buy,
  • freedom of information and data protection.

Anti-social behaviour
Jon Holbrook is well suited to anti-social behaviour cases with his 'strong advocacy and straight and honest advice' (Chambers & Partners 2013). In recent years Jon has dealt with ASB cases in the county court and magistrates' court and, on occasions when no county court judges were available, in the High Court.

Jon is familiar with ASBOs, ASBIs, closure orders and their replacements under the Anti-Social Behaviour, Crime and Policing Act 2014.

Possession claims featuring anti-social behaviour and claims in respect of starter, introductory and flexible tenancies are also familiar to Jon.

For a copy of Jon's article on possession orders following the outbreak of public disorder during the summer of 2011 click here.

Jon has also advised local authorities on crime reduction strategies.


Disrepair & housing conditions
With his eye for detail Jon Holbrook is well equipped to deal with disrepair cases. He regularly acts for local authorities in defending disrepair claims and for private landlords in dilapidation cases.

Jon is regularly in the First-tier (Property) Tribunal dealing with service charge disputes and other issues about housing conditions, HMO licences and rent repayment orders.


Homelessness & allocations
Jon Holbrook is very experienced in the full range of issues that arise under Parts VI (allocations) and VII (homelessness) of the Housing Act 1996. Jon has advised many local authorities on their tenancy strategies, allocation schemes and on homelessness reviews and appeals. He has also advised other social landlords about allocation issues.

With his experience in immigration law Jon Holbrook is also able to advise on the immigration aspects of homelessness and allocations.


Management & policy
Advising local authorities on issues of management and policy forms a sizeable part of Jon Holbrook's practice. In recent years he has advised on issues such as:

  • Allocation schemes
  • Fiduciary duties
  • Issues around ALMOs, LSVTs & TMOs
  • Homelessness strategies
  • Housing Revenue Account
  • Making cuts & saving money
  • Redevelopment
  • Rents & service charges
  • Right to buy
  • Tenancy terms, variations & strategies

For a copy of Jon's:

  • Top tips for drafting flexible tenancy agreements click here.
  • How to make budget cuts and satisfy the equality duty click here.

Possession & eviction
Jon Holbrook has a wealth of experience in seeking and enforcing possession orders. He is also familiar with the particular problems that can arise in terms of dealing with Equality Act, public law and human rights defences to possession claims.

For copies of Jon's articles on flexible tenancies regarding:

Jon has often dealt with cases raising issues of tenancy fraud. He is also experienced in evicting trespassers such as gypsies, travellers and protesters. For a copy of his Inside Housing article on how landlords can use an expansive injunction to protect all their land from squatters click here.

Before qualifying as a barrister Jon was a local authority tenancy relations officer and since then he has regularly been involved in harassment and illegal eviction cases in both the civil and criminal courts.


Rent & service charges
Jon Holbrook "knows the client and fully appreciates the difficulties that social housing providers face - particularly the limited financial means of local authorities and RSLs" (Chambers & Partners 2014). So, Jon is always a good choice when it comes to recovering and saving money.

In addition to dealing with numerous rent arrears and service charge issues Jon is also experienced in understanding the welfare benefits system and in dealing with council tax problems. He has often obtained liability orders in the magistrates' court.

Cases

A grown-up approach to age assessments
26.04.2016

The Court of Appeal has ordered that a young asylum seeker's challenge to Croydon's age assessment will be struck out or stayed unless he consents to an x-ray examination of his teeth.

....

You can't judicially review all housing association decisions
11.04.2016

Since the case of Weaver a number of public law and human rights challenges against housing associations have been brought.  But few if any reported cases have, until now, found that a housing association was acting as a private body and hence was not susceptible to judicial review (and by implication not susceptible to a human rights challenge).

....

Avoiding a Limitation Act defence
21.04.2015

A landlord is usually entitled to appropriate a tenant's payments to a tenant's oldest debt so as to avoid a Limitation Act defence. Jon Holbrook explains why the Upper Tribunal allowed a landlord's recent appeal on a decision that the First Tier Tribunal had described as raising a 'point of possibly wide application'.

....

Article 8 challenge dismissed by Court of Appeal
25.11.2014

Lawal v Circle 33 [2014] EWCA 1514

Jon Holbrook has resisted successfully an occupiers' efforts under Article 8 to prevent an eviction. The Court of Appeal dismissed the occupiers' challenges to the making and then enforcement of a possession order.

....

Flexible tenancies: top tips for housing associations
30.05.2013
Jon Holbrook's articles on flexible tenancies were published by the New Law Journal last summer.  Click here to access: – In a fix? Flexible tenancies for local authorities, NLJ, 29 June....

Flexible tenancies: top tips for drafting tenancy agreements
07.05.2013
Having assisted a number of local authorities and housing associations with the implementation of flexible tenancy schemes. Jon Holbrook offers his top tips for landlords drafting flexible tenancy agreement. Click here....

A date or two for possession
26.02.2013
Landlords sometimes fall foul of the Byzantine language of s21 of the Housing Act 1988 when drafting notices requiring possession.  In some recent cases Jon Holbrook and Rory Clarke persuaded....

The not so young asylum seeker
01.02.2013

Jon Holbrook notes how Lambeth's decision to stand by the age assessment of its social workers was vindicated.

....

A novel approach
08.10.2012

In an article in Inside Housing Jon Holbrook argues that landlords can use an expansive injunction to protect all their land from squatters. Click here

....

Another ‘Occupy’ protest evicted
19.06.2012

Jon Holbrook obtained a possession order for a London local authority to secure the summary eviction of members of the "Occupy" protest group from a public park. The claim was issued in the High Court on 18 May, heard on 24 May and enforced on 25 May. Neil Brand of Devonshires, who instructed Jon Holbrook, says:

....

'Minded to find letters' under the Homelessness (Review Procedures) Regulations
20.06.2008

'Minded to find letters' under the Homelessness (Review Procedures) Regulations
Friday, June 20, 2008

Lambeth LBC v Johnston [2008] EWCA Civ 690

....

Avoiding and resisting Judicial Review
13.11.2007

Avoiding and resisting Judicial Review
Tuesday, November 13, 2007

Jon Holbrook acted for Restormel Borough Council in two cases concerning applications for judicial review of the authorities refusal to provide interim accommodation pending the outcome of review.

....

European nationals: the new housing eligibility test
01.01.2007

European nationals: the new housing eligibility test
Monday, January 01, 2007

....

News

Do Housing Associations still exercise “public functions”?
20.11.2017
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....

Cornerstone Housing Newsletter - May 2016
04.05.2016
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....

LexisPSL - Peabody - a public body?
15.04.2016
In an interview with LexisPSL, Jon Holbrook explains why the Administrative Court decided in the case of R (on the application of Macleod) v Governors of the Peabody Trust that....

Cornerstone Housing Day 2015 - Presentations
03.03.2016
Presentations from the Cornerstone Housing Day 2015 are now available to view on the newly launched Local Government Law.tv platform. Click the links below to view previews of the videos.

  • Key developments in Housing....

  • Cornerstone Housing Newsletter - October 2015
    29.11.2015
    The latest Cornerstone Housing Newsletter includes...

  • Annual Housing Conference 2015 – Dean Underwood
  • Recent Housing Developments – Andrew Lane
  • Out of borough placements: a time for policy review? – Kelvin Rutledge QC
  • All change....

  • Cornerstone Barristers Housing Newsletter - July 2015
    23.07.2015
    The latest Cornerstone Barristers Housing Newsletter includes...

  • Message from the Heads of Team - Kelvin Rutledge QC and Kuljit Bhogal
  • The Supreme Court's interpretation of vulnerability in Hotak, Kanu and Johnson- Matt....

  • Cornerstone Newsletter: Bringing You the Latest in Legal Developments
    26.01.2015
    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.....

    An end to the tenancy for life?
    13.07.2012

    Jon Holbrook of Cornerstone Barristers considers the profound effect that flexible tenancies could have on tenants of social housing. Flexible tenancies enable local authorities and housing associations to avoid granting ...

    ....

    Flexible Tenancies & the Localism Act 2011 - SHLA Seminar
    17.02.2012

    Jon Holbrook will be speaking about Flexible Tenancies under the Localism Act 2011 on Thursday 23 February in Central London (SHLA February flyer).

    ....

    Housing Law Update: the essential guide to all the latest changes
    05.07.2007

    2-3 Gray's Inn Square was pleased to host this extremely successful seminar that was attended by over 110 delegates, primarily from local Councils.

    ....

    Events

    Cornerstone Barristers Housing Conference 2018
    02.10.2018

    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....

    Fixed term/flexible tenancies seminar
    15.03.2017

    1
    The seminar will be aimed at lawyers who face the daunting prospect of getting to grips with the most radical shake-up of the secure tenancy regime since it was introduced....

    Overview

    Jon Holbrook (1991) has been recognised by the legal directories for his public law work for several years. When it comes to the Court of Protection he is particularly pleased with how Chambers & Partners described him: 'He knows the client and fully appreciates the difficulties providers face – particularly the limited financial means of local authorities'.

    The Court of Protection can be a forum where money spent on lawyers would be better spent on providing services for service users. If you have that sort of a case then Jon could be your ideal barrister.

    Jon Holbrook is experienced in all aspects of Court of Protection work, where he normally acts for local authorities. The legal directories have described him as:

    • known for his 'strong advocacy and straight and honest advice'
    • 'a man with an affable manner'
    • having 'an exceptional intellect'
    • a person who 'presents advice well to lay clients', and
    • being 'very methodical and committed'.

    News

    All change in the Court of Protection
    30.09.2015

    Jon Holbrook considers a landmark judgment that should restore common sense to the way the Court of Protection deals with welfare applications.

    ....

    More problems in the Court of Protection
    16.06.2015

    Jon Holbrook considers the latest case that will cause further problems in the Court of Protection.

    ....

    Overview

    Jon Holbrook is listed as a leading junior for administrative and public law in the Legal 500 (2005 to date) and in Chambers & Partners (2013 to date). Chambers & Partners notes that Jon "has a strong reputation for his work with local authorities. He has recently defended councils from judicial reviews fought on equality duties grounds, and is praised for his 'realistic and succinct advice.'" He is further described as being "very robust and a real hard fighter. He is absolute quality." (Chambers & Partners 2012)

    Jon's public law practice embraces community care and housing management issues. Jon now acts mainly for local authorities and other service providers even though he spent his first 12 years at the bar acting for tenants and other service users when he was at Garden Court Chambers.

    He has delivered several training courses for CLT, and the LGG, on how to resist and defend judicial reviews. In a recent case, where Jon appeared for the local authority, Munby J concluded with "a very plain and a very stark warning to [claimant] practitioners" who do not adhere to judicial review principles if they are to avoid being subject to wasted cost applications: R(B by her next friend MB) v Lambeth LBC [2006] EWHC 639.

    Jon is a member of the Administrative Court Users Committee.

    Jon is a consultant editor of the Journal of Community Care Law.

    Recent public law issues that Jon has advised on include:

    • making cuts whilst having due regard to equality duties,
    • assessment duties under NHS&CCA 1990,
    • care home closures, allowances & payments to private bodies,
    • care leavers & services under the Children Act 1989,
    • Mental Health Act issues,
    • ordinary residence disputes,
    • 'rationing' & the implementation of Fair Access to Care Services (FACS),
    • services for EU nationals, their families & others subject to immigration control.

    Jon is a member of the Admin Law Bar Association.


    Immigration and asylum
    Jon Holbrook has a sound knowledge of immigration and asylum issues. Many of his reported cases have involved immigration issues particularly in the context of access to local authority services. For example:

    R (Kohi) v Kent CC [2009] EWHC 939 (Admin)
    Medical opinions on age, such as those from Drs Michie and Birch, are not likely to be any more reliable or helpful than that formed by a properly trained and experienced social worker.
    Click here for full text

    R (M) v Lambeth LBC & R (A) v Croydon LBC [2008] EWCA Civ 1445
    Age assessments by social workers of those claiming to be unaccompanied asylum seeking children do not engage Article 6 and cannot be determined by the court as precedent facts.
    Click here for full text

    R (Blackburn-Smith) v Lambeth LBC [2007] EWHC 767 (Admin)
    Local authority had lawfully concluded that the needs of the children of an overstayer could be met by her returning to Jamaica.
    Click here for full text

    Tower Hamlets LBC v Deugi [2006] HLR 28, CA
    Application for homelessness assistance by the family members of a departed EU national.
    Click here for full text

    R (Conde) v Lambeth LBC [2005] 2 FLR 198 & (2005) 37 HLR 29, QBDA
    Refusal of housing assistance under the Children Act 1989 was not discriminatory and did not violate a work-seeker's EU Treaty rights.

    R (Kimvono) v Tower Hamlets LBC (2001) 33 HLR p889, QBD
    Size of accommodation to be allocated where family members are not qualifying persons.

    Cases

    You can't judicially review all housing association decisions
    11.04.2016

    Since the case of Weaver a number of public law and human rights challenges against housing associations have been brought.  But few if any reported cases have, until now, found that a housing association was acting as a private body and hence was not susceptible to judicial review (and by implication not susceptible to a human rights challenge).

    ....

    News

    Cornerstone Housing Newsletter - May 2016
    04.05.2016
    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....

    LexisPSL - Peabody - a public body?
    15.04.2016
    In an interview with LexisPSL, Jon Holbrook explains why the Administrative Court decided in the case of R (on the application of Macleod) v Governors of the Peabody Trust that....

    Cornerstone Housing Day 2015 - Presentations
    03.03.2016
    Presentations from the Cornerstone Housing Day 2015 are now available to view on the newly launched Local Government Law.tv platform. Click the links below to view previews of the videos.

  • Key developments in Housing....

  • Cornerstone Housing Newsletter - October 2015
    29.11.2015
    The latest Cornerstone Housing Newsletter includes...

  • Annual Housing Conference 2015 – Dean Underwood
  • Recent Housing Developments – Andrew Lane
  • Out of borough placements: a time for policy review? – Kelvin Rutledge QC
  • All change....

  • Cornerstone Barristers Housing Newsletter - July 2015
    23.07.2015
    The latest Cornerstone Barristers Housing Newsletter includes...

  • Message from the Heads of Team - Kelvin Rutledge QC and Kuljit Bhogal
  • The Supreme Court's interpretation of vulnerability in Hotak, Kanu and Johnson- Matt....

  • Overview

    Jon regularly acts for private and public sector clients with property issues:

    • Commercial Landlord and Tenant:- termination and renewal of business tenancies, dilapidations, breach of covenant, rent and service charge disputes.
    • Residential Long Leaseholds:- termination, forfeiture, possession claims, breach of covenant, leasehold enfranchisement, rent and service charge disputes. He regularly appears in the Leasehold Valuation Tribunal.
    • Residential tenancies:- the full range of issues that arise with private sector tenancies, licences and trespassers.
    • Real Property:- adverse possession, restrictive covenants, easements, mortgages and registered land.

    Jon is noted in the directories as being a "leading light within the set" who is known for his "strong advocacy and straight and honest advice". In the latest edition of Chambers & Partners Jon is praised by instructing solicitors as the "fount of all knowledge" and also for having "an exceptional intellect" tempered by a "down-to-earth manner." He is "very methodical and committed" and "treats each case as if it were his only case." He is popular amongst both solicitors and clients. (Chambers & Partners 2012)

    Jon is General Editor of the Housing & Property Law Review and has written on a wide range of property issues.

    Before being called to the bar in 1991 Jon was a local authority housing advisor and tenancy relations officer for Westminster City Council for three years where he advised private sector landlords and tenants and investigated illegal eviction and harassment allegations under the Protection From Eviction Act 1977. It was at this time that Jon acquired a sound understanding of landlord and tenant law under the Rent, Housing and Landlord and Tenant Acts.

    Jon is a member of the Property Bar Association (PBA).


    Commerical landlord and tenant
    Jon regularly advises on and acts in commercial landlord and tenant cases.

    In addition to dealing with forfeiture and possession claims he is experienced in dealing with business tenancy renewals under the Landlord and Tenant Act 1954 and disputes over dilapidations, breach of covenant, rent reviews and service charges.

    One grateful client observed "the great thing about Jon is that he is always determined to win" (Chambers and Partners). This approach can be a particular asset in the commercial landlord and tenant field.


    Real estate law
    Jon has advised on adverse possession, restrictive covenants, easements, mortgages and registered land.

    Clients praise Jon because, according to one directory, he is known for giving "straight and honest advice" (Chambers and Partners).


    Residential landlord and tenant
    Since his early days as a local authority housing advisor and tenancy relations officer (1984-89) Jon has been advising landlords and tenants on residential issues.

    He developed his landlord practice on joining Hardwicke Building in 2004. He now regularly acts for landlords, and occasionally tenants, on the full range of residential landlord and tenant problems.

    Jon is regularly instructed because, according to one directory, he has "an exceptional intellect" which is tempered by a "down-to-earth manner" (Chambers and Partners 2012).


    Service charges
    Jon regularly appears in the First-tier (Property) Tribunal on the full range of issues that may give rise to service charge disputes. He is regularly instructed by local authorities, housing associations and private landlords.

    He has also dealt with service charge disputes in the Upper Tribunal and the County Court and has often provided training on this complicated area of law for solicitors and housing officers.

    Jon is regularly instructed on service charge disputes because he is, according to one directory, "very methodical and committed" (Chambers and Partners 2012).

    Cases

    You can't judicially review all housing association decisions
    11.04.2016

    Since the case of Weaver a number of public law and human rights challenges against housing associations have been brought.  But few if any reported cases have, until now, found that a housing association was acting as a private body and hence was not susceptible to judicial review (and by implication not susceptible to a human rights challenge).

    ....

    Avoiding a Limitation Act defence
    21.04.2015

    A landlord is usually entitled to appropriate a tenant's payments to a tenant's oldest debt so as to avoid a Limitation Act defence. Jon Holbrook explains why the Upper Tribunal allowed a landlord's recent appeal on a decision that the First Tier Tribunal had described as raising a 'point of possibly wide application'.

    ....

    Article 8 challenge dismissed by Court of Appeal
    25.11.2014

    Lawal v Circle 33 [2014] EWCA 1514

    Jon Holbrook has resisted successfully an occupiers' efforts under Article 8 to prevent an eviction. The Court of Appeal dismissed the occupiers' challenges to the making and then enforcement of a possession order.

    ....

    A novel approach
    08.10.2012

    In an article in Inside Housing Jon Holbrook argues that landlords can use an expansive injunction to protect all their land from squatters. Click here

    ....

    Another ‘Occupy’ protest evicted
    19.06.2012

    Jon Holbrook obtained a possession order for a London local authority to secure the summary eviction of members of the "Occupy" protest group from a public park. The claim was issued in the High Court on 18 May, heard on 24 May and enforced on 25 May. Neil Brand of Devonshires, who instructed Jon Holbrook, says:

    ....

    Avoiding and resisting Judicial Review
    13.11.2007

    Avoiding and resisting Judicial Review
    Tuesday, November 13, 2007

    Jon Holbrook acted for Restormel Borough Council in two cases concerning applications for judicial review of the authorities refusal to provide interim accommodation pending the outcome of review.

    ....

    News

    Cornerstone Housing Newsletter - October 2015
    29.11.2015
    The latest Cornerstone Housing Newsletter includes...

  • Annual Housing Conference 2015 – Dean Underwood
  • Recent Housing Developments – Andrew Lane
  • Out of borough placements: a time for policy review? – Kelvin Rutledge QC
  • All change....

  • An end to the tenancy for life?
    13.07.2012

    Jon Holbrook of Cornerstone Barristers considers the profound effect that flexible tenancies could have on tenants of social housing. Flexible tenancies enable local authorities and housing associations to avoid granting ...

    ....

    Flexible Tenancies & the Localism Act 2011 - SHLA Seminar
    17.02.2012

    Jon Holbrook will be speaking about Flexible Tenancies under the Localism Act 2011 on Thursday 23 February in Central London (SHLA February flyer).

    ....

    Housing Law Update: the essential guide to all the latest changes
    05.07.2007

    2-3 Gray's Inn Square was pleased to host this extremely successful seminar that was attended by over 110 delegates, primarily from local Councils.

    ....

    Public Sector Housing Conference - CLT
    18.01.2007

    Three members of Chambers spoke at this well-attended conference:

    Wayne Beglan, Peggy Etiebet and Jon Holbrook.

    ....

    LexisPSL - Peabody: a public body?

    15th April 2016

    In an interview with LexisPSL, Jon Holbrook explains why the Administrative Court decided in the case of R (on the application of Macleod) v Governors of the Peabody Trust that a housing association was not exercising a public function when it declined to approve a mutual exchange of tenancies.

    Click here to read the full article.

    This article was first published on Lexis®PSL Local Government analysis on 13 April 2016. Click here for a free trial of Lexis®PSL.

    Flexible tenancies: top tips for drafting tenancy agreements

    1st May 2013

    Last summer Jon Holbrook's articles on flexible tenancies were published by the New Law Journal. Click here to access:

    In a fix? Flexible tenancies for local authorities, NLJ, 29 June 2012

    In a fix (2)? Flexible tenancies for housing associations, NLJ, 13 July 2012

    Having assisted a number of local authorities and housing associations Jon offers his top tips for landlords drafting flexible tenancy agreements.

    Inside Housing - A novel approach

    8th October 2012

    In an article for Inside Housing Jon Holbrook argues that landlords can use an expansive injunction to protect all their land from squatters.

    Click here for the full text.

    Budget Cuts and the Equality Duty

    1st March 2012

    Jon Holbrook has written a case summary which explains why the Administrative Court dismissed a challenge based on the equality duty to an element of Lambeth's annual budget.

    Click here to read the summary. The judgement can be found here.

    Independent Social Workers and Age Assessments

    2nd February 2012

    Jon Holbrook recently grilled three independent social workers who gave evidence for the claimant, an Afghan asylum seeker, in an age assessment case.

    They had sought to support the claimant's claimed age of 16 whereas Solihull's social workers had concluded that he was probably 20. In what is understood to have been the first fully contested age assessment case in the Upper Tribunal the Tribunal concluded in favour of Solihull.

    Click here to view a case summary.

    New Law Journal - The dispossessed?

    2nd September 2011

    In today's New Law Journal Jon Holbrook assesses the ability of councils to bring possession proceedings against tenants involved in the recent riots.

    Click here to view the full article.

    New Law Journal - Possession claims post Pinnock & Powell, Valuable possession: a reply

    6th May 2011

    Possession claims post Pinnock & Powell, Valuable possession Reply, NLJ 6 May 2011 6 May 2011 New Law Journal

    Click here to view the full article.

    New Law Journal - Valuable possession

    27th March 2011

    Valuable possession, 25 March 2011 New Law Journal

    Click here to view the full article.

    New Law Journal - Trouble at mill

    3rd December 2010

    Trouble at mill, 3 December 2010 New Law Journal

    Click here to view the full article.

    New Law Journal - Rethinking possession orders

    13th April 2007

    Rethinking possession orders, 13 April 2007, New Law Journal.

    Click here to view the full article.

    New Law Journal - The sliding snail

    2nd February 2007

    The sliding snail or, an update on the law of negligence after Donoghue v Stevenson

    Click here to view the full article.

    Legal Action - European Nationals

    1st October 2006

    European Nationals: the new housing eligibility test, September 2006 Legal Action

    Click here to view the full article.

    Inside Housing - Right to possession is trump card

    17th March 2006

    Right to possession is trump card. Human rights law cannot triumph over landlords seeking to evict trespassers, 17 March 2006 Inside Housing

    Click here to view full article.

    Solicitors Journal - Possession orders

    17th March 2006

    Click here to view full article.

    • Social Housing Law Association (SHLA)
    • Admin Law Bar Association (ALBA)
    • Property Bar Association (PBA)

    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

    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

    A grown-up approach to age assessments

    26th April 2016

    The Court of Appeal has ordered that a young asylum seeker's challenge to Croydon's age assessment will be struck out or stayed unless he consents to an x-ray examination of his teeth.

    ....

    News

    LexisPSL - Peabody - a public body?

    15th April 2016

    In an interview with LexisPSL, Jon Holbrook explains why the Administrative Court decided in the case of R (on the application of Macleod) v Governors of the Peabody Trust that....

    Case

    You can't judicially review all housing association decisions

    11th April 2016

    Since the case of Weaver a number of public law and human rights challenges against housing associations have been brought.  But few if any reported cases have, until now, found that a housing association was acting as a private body and hence was not susceptible to judicial review (and by implication not susceptible to a human rights challenge).

    ....

    Case

    Be wary of claimants who try to manipulate the High Court

    14th March 2016

    Local authorities often receive mandatory orders, made at short-notice on the papers, when the High Court is told that a family will be homeless without urgent ex parte relief.

    ....

    News

    Cornerstone Housing Day 2015 - Presentations

    3rd March 2016

    Presentations from the Cornerstone Housing Day 2015 are now available to view on the newly launched Local Government Law.tv platform. Click the links below to view previews of the videos.
  • Key developments in Housing....

  • News

    Cornerstone Housing Newsletter - October 2015

    29th November 2015

    The latest Cornerstone Housing Newsletter includes...
  • Annual Housing Conference 2015 – Dean Underwood
  • Recent Housing Developments – Andrew Lane
  • Out of borough placements: a time for policy review? – Kelvin Rutledge QC
  • All change....

  • News

    All change in the Court of Protection

    30th September 2015

    Jon Holbrook considers a landmark judgment that should restore common sense to the way the Court of Protection deals with welfare applications.

    ....

    News

    Cornerstone Barristers Housing Newsletter - July 2015

    23rd July 2015

    The latest Cornerstone Barristers Housing Newsletter includes...
  • Message from the Heads of Team - Kelvin Rutledge QC and Kuljit Bhogal
  • The Supreme Court's interpretation of vulnerability in Hotak, Kanu and Johnson- Matt....

  • Case

    Grant money does not have to reduce leaseholder bills

    8th July 2015

    The Upper Tribunal ('UT') has given two recent judgments on whether a local authority has incurred costs, which it can pass onto a leaseholder, even though it has received grants in respect of those costs. In May the UT answered this question in favour of the leaseholder (Sheffield case) but in June it answered it in favour of the local authority (Barnet case). Jon Holbrook explains.

    ....

    News

    More problems in the Court of Protection

    16th June 2015

    Jon Holbrook considers the latest case that will cause further problems in the Court of Protection.

    ....

    Case

    Avoiding a Limitation Act defence

    21st April 2015

    A landlord is usually entitled to appropriate a tenant's payments to a tenant's oldest debt so as to avoid a Limitation Act defence. Jon Holbrook explains why the Upper Tribunal allowed a landlord's recent appeal on a decision that the First Tier Tribunal had described as raising a 'point of possibly wide application'.

    ....

    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.....

    Case

    Article 8 challenge dismissed by Court of Appeal

    25th November 2014

    Lawal v Circle 33 [2014] EWCA 1514

    Jon Holbrook has resisted successfully an occupiers' efforts under Article 8 to prevent an eviction. The Court of Appeal dismissed the occupiers' challenges to the making and then enforcement of a possession order.

    ....

    News

    Jon Holbrook’s book review of Commercial & Residential Service Charges is published in the Housing & Property Law Review

    24th September 2013

    Jon describes the book, written by five practitioners from Falcon Chambers, as 'truly authoritative' and notes how the 600-page tome is written with 'clarity and authority'. The book is published ...

    ....

    Case

    Flexible tenancies: top tips for housing associations

    30th May 2013

    Jon Holbrook's articles on flexible tenancies were published by the New Law Journal last summer.  Click here to access: – In a fix? Flexible tenancies for local authorities, NLJ, 29 June....

    Case

    Flexible tenancies: top tips for drafting tenancy agreements

    7th May 2013

    Having assisted a number of local authorities and housing associations with the implementation of flexible tenancy schemes. Jon Holbrook offers his top tips for landlords drafting flexible tenancy agreement. Click here....

    Case

    A date or two for possession

    26th February 2013

    Landlords sometimes fall foul of the Byzantine language of s21 of the Housing Act 1988 when drafting notices requiring possession.  In some recent cases Jon Holbrook and Rory Clarke persuaded....

    Case

    The not so young asylum seeker

    1st February 2013

    Jon Holbrook notes how Lambeth's decision to stand by the age assessment of its social workers was vindicated.

    ....

    Case

    A novel approach

    8th October 2012

    In an article in Inside Housing Jon Holbrook argues that landlords can use an expansive injunction to protect all their land from squatters. Click here

    ....

    News

    An end to the tenancy for life?

    13th July 2012

    Jon Holbrook of Cornerstone Barristers considers the profound effect that flexible tenancies could have on tenants of social housing. Flexible tenancies enable local authorities and housing associations to avoid granting ...

    ....

    Case

    Another ‘Occupy’ protest evicted

    19th June 2012

    Jon Holbrook obtained a possession order for a London local authority to secure the summary eviction of members of the "Occupy" protest group from a public park. The claim was issued in the High Court on 18 May, heard on 24 May and enforced on 25 May. Neil Brand of Devonshires, who instructed Jon Holbrook, says:

    ....

    News

    O’Connell v Viridian Housing [2012] EWHC 1389 (QB)

    25th May 2012

    Tenant's appeal against the making of an outright possession order. She relied on human rights and equality/discrimination arguments.

    ....

    Case

    Independent Social Workers and Age Assessments

    2nd May 2012

    Jon Holbrook recently grilled three independent social workers who gave evidence for the claimant, an Afghan asylum seeker, in an age assessment case. They had sought to support the claimant's ...

    ....

    News

    R(Barrett) v Lambeth LBC [2012] EWHC 4557 (Admin)

    29th February 2012

    A service user with learning disabilities relied on the Equality Act to challenge the authority's budget cut.
    See case summary

    ....

    News

    Flexible Tenancies & the Localism Act 2011 - SHLA Seminar

    17th February 2012

    Jon Holbrook will be speaking about Flexible Tenancies under the Localism Act 2011 on Thursday 23 February in Central London (SHLA February flyer).

    ....

    News

    R(AM) v Solihull MBC [2012] UKUT 00118 (IAC)

    2nd February 2012

    Young asylum seeker claimed to be a child. The case is particularly interesting for the criticisms the Tribunal made of the independent social workers.

    ....

    Case

    A summary right to possession - Jon Holbrook

    13th December 2011

    Holmes v Westminster CC [2011] EWHC 2857

    ....

    News

    Holmes v Westminster City Council [2011] EWHC 2857 (QB)

    3rd November 2011

    Tenant's appeal against the making of a possession order on a summary basis where no oral evidence was received by the Judge. 

    ....

    News

    The dispossessed?

    4th September 2011

    The dispossessed? Sunday, September 04, 2011 In today's New Law Journal Jon Holbrook assesses the ability of councils to bring possession proceedings against tenants involved in the recent riots. 

    ....

    News

    Possession claims post Pinnock & Powell

    27th May 2011

    Possession claims post Pinnock & Powell Friday, May 27, 2011 Please find attached an article written by Jon Holbrook and published today in the New Law Journal, Valuable possession, ...

    ....

    Case

    Mullen v Salford CC & others (2011) 1 All ER 119, CA

    1st January 2011

    The Court gave advice on the nature and ambit of judicial review defences to mandatory rights to possession.

    ....

    Case

    Crown Estate Commissioners v Peabody Housing Trust [2011] EWHC 1467 (Ch)

    1st January 2011

    The Crown's Rent Act regulated tenants became assured tenants on transfer to Peabody.

    ....

    Case

    Local Authorities Win Age Assessment Litigation

    9th June 2009

    Local Authorities Win Age Assessment Litigation
    Tuesday, June 09, 2009

    R(A) v Croydon LBC & R(WK) v SSHD & Kent CC [2009] EWHC 939 (Admin)

    ....

    News

    First Real Estates v Birmingham CC [2009] EWHC 817 (Admin)

    1st January 2009

    Birmingham's decision to terminate arrangements with a provider of accommodation for the homeless was not a public law issue but would not have breached any public law obligations in any event.

    ....

    Case

    Man or boy? Precedent Fact and Human Rights

    19th December 2008

    The Court of Appeal has dismissed the appeals brought against two local authorities. The judgment is important in limiting the ability of claimants to challenge certain social welfare decisions made....

    Case

    Age assessments: 'oppressive legalism should be avoided'

    28th June 2008

    M & Anor, R (on the application of) v London Borough of Lambeth & Ors [2008] EWHC 1364 (Admin) These cases raised a fundamental question whether a Local Authority's age assessment....

    Case

    'Minded to find letters' under the Homelessness (Review Procedures) Regulations

    20th June 2008

    'Minded to find letters' under the Homelessness (Review Procedures) Regulations
    Friday, June 20, 2008

    Lambeth LBC v Johnston [2008] EWCA Civ 690

    ....

    Case

    Avoiding and resisting Judicial Review

    13th November 2007

    Avoiding and resisting Judicial Review
    Tuesday, November 13, 2007

    Jon Holbrook acted for Restormel Borough Council in two cases concerning applications for judicial review of the authorities refusal to provide interim accommodation pending the outcome of review.

    ....

    News

    Housing Law Update: the essential guide to all the latest changes

    5th July 2007

    2-3 Gray's Inn Square was pleased to host this extremely successful seminar that was attended by over 110 delegates, primarily from local Councils.

    ....

    News

    A Sliding Snail

    2nd February 2007

    A Sliding Snail
    Friday, February 02, 2007

    ....

    News

    Public Sector Housing Conference - CLT

    18th January 2007

    Three members of Chambers spoke at this well-attended conference:

    Wayne Beglan, Peggy Etiebet and Jon Holbrook.

    ....

    News

    Lambeth LBC v Ireneschild, [2007] HLR 34, CA

    1st January 2007

    The community care assessment was not unlawful and should not be subjected to an 'over zealous textual analysis'. 'Courts must be wary of expecting so much of hard pressed social workers that we risk taking them away, unnecessarily, from their front line duties.' (para 57)

    ....

    Case

    European nationals: the new housing eligibility test

    1st January 2007

    European nationals: the new housing eligibility test
    Monday, January 01, 2007

    ....

    News

    Possession Orders

    1st January 2007

    Possession Orders
    Monday, January 01, 2007

    ....

    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

    Fixed term/flexible tenancies seminar

    15th March 2017

    1

    The seminar will be aimed at lawyers who face the daunting prospect of getting to grips with the most radical shake-up of the secure tenancy regime since it was introduced....