Sarah Salmon specialises in public law, housing, and property law. She is ranked as a leading junior in Legal 500 for both Administrative Law and Human Rights and Social Housing. She is recommended in Chambers and Partners for Housing. In 2024, she was appointed to the Equality and Human Rights Commission’s panel of counsel (B panel) and nominated for Property and Housing Junior of the Year in the Legal 500 Bar awards.
Sarah has represented public bodies (including the police), charities, local authorities, housing associations, individuals and companies in her specialist areas. She was chair of the Social Housing Law Association from January 2019 to December 2022. She is now the chair of the Wales branch of SHLA.
Sarah was Highly Commended in the 2020 Junior Pro Bono Barrister of the Year category at the Advocate Bar Pro Bono Awards and, in the same year, was chosen to take part in the Bar Council’s inaugural leadership programme. Sarah participated in the Master of the Rolls Working Group on possession proceedings (2020) and was part of the JUSTICE housing disputes working party (2019). In 2018, she was part of the advisory board from the report Closing the Gaps: Health and Safety in Housing, commissioned by the charity Shelter following the Grenfell Tower fire.
Expertise
- Public Law and Judicial Review
As part of her housing and local government practice, Sarah deals with public law, Equality Act and human rights issues on a regular basis. In addition, she has been instructed in a broad range of public law work. Her work has included cases concerning s.222 Local Government Act 1972, gang injunctions, fraud investigations, data protection, duties owed to children, discrimination claims, Gypsy and Traveller law and mobile homes.
Her more recent work includes:
- successfully representing a charity in a claim brought against it by a prisoner. The Claimant was Jewish and alleged the charity and Ministry of Justice had indirectly discriminated against him contrary to the Equality Act;
- drafting and advising in a case brought against a care home for alleged breaches of UK General Data Protection Regulation and the Data Protection Act 2018;
- successfully acting for Newcastle City Council in appeal to the Upper Tribunal (case reference below) which considered s.233, Local Government Act 1972; s. 196, Law of Property Act 1995; s.7, Interpretation Act 1978; and s.249A, Housing Act 2004.
- acting for a local authority (led by Kuljit Bhogal KC) in a prosecution for alleged breaches of a Public Space Protection Orders (abortion clinic safe zone);
- advising on housing benefit issues concerning exempt accommodation; and,
- acting for Defendant occupiers of a property in a case stated to the High Court (due to be heard in November 2024) concerning a private prosecution under section 82 of the Environmental Protection Act 1990. The case, which failed at first instance, concerned allegations of statutory nuisance in relation to how two adult dogs behaved. The case stated concerns wasted costs awarded against the prosecutor.
Publications
Sarah is the author of Author of ‘A Practical Guide to Housing Allocation Schemes in England’ (Law Brief Publishing) and ‘Cornerstone on Gangs’ (with Jack Barber) (Bloomsbury Professional – available to pre-order).
Sarah is the co-author of ‘Judicial Review Proceedings: A Practitioners Guide’, 3rd edition (LAG, 2012) and was also a contributor to Matt Lewin’s ‘Cornerstone on Councillors’ Conduct and Standards in Public Life’ (Bloomsbury Professional).
Cases
- Newcastle City Council v Abdallah (2024) UKUT 140;
- London Borough of Barking and Dagenham and Others v Persons Unknown (London Gypsies and Travellers Friends, Families and Travellers and National Federation of Gypsy Liaison Groups intervening) [2021] EWHC 1201 (QB) – junior counsel for the London Borough of Hounslow led by Ranjit Bhose QC.
- R (oao (1) Mercy Amaranye and (2) A) v London Borough of Croydon [2021] EWHC 1088 (Admin) – junior counsel for the authority successfully defending judicial review proceedings into its decision to launch a fraud investigation into someone who lied to obtain accommodation under s.17 Children Act 1989.
- Birmingham City Council v SS and SA [2016] EWCA Civ 1211; [2017] HLR 6 – a case concerning the proper approach to be taken by housing benefit authorities to the restriction of benefit for occupiers of “exempt” accommodation to which the normal local housing allowance and “maximum rent” rules do not apply (junior counsel).
- James v Birmingham City Council [2013] EWCA Civ 552 – the first time the Court of Appeal considered gang-injunctions under section 34 of the Policing and Crime Act 2009 (junior counsel). Morrison Facilities Services Limited v Norwich City Council [2010] EWHC 487 (Ch) – junior counsel for the authority.
- Property
Sarah advises and represents in all areas of property law. Sarah has experience in a range of property matters including service charge disputes, dilapidations and building safety (including applications under the Building Safety Act), leasehold enfranchisement, proceedings relating to breach of covenant or condition, landlord licensing and rent repayment orders.
During 2022 and 2023, Sarah led a project to draft a suite of documents, and advise where necessary, in relation to new and converted occupation contracts required under the Renting Homes (Wales) Act 2016. Sarah appeared for the successful tenant in Jarvis v Evans (Shelter Cymru intervening) [2020] EWCA Civ 854; [2021] 1 WLR 24 (a case concerning landlord licensing in Wales).
Sarah also accepts instructions from residential and commercial landlords and tenants. She is able to give advice on various issues, including type of tenure, service of notices, bringing and defending possession proceedings, including those relating to mortgaged properties, claims for unlawful eviction and harassment, landlord licensing and registration and injunctions to enforce access and other covenants.
Some of Sarah’s other recent work includes:
- acting for a housing association in its application to the FTT for a determination as to who is the principal accountable person under section 73 of the Building Safety Act 2022;
- successfully acting for Newcastle City Council in appeal to the Upper Tribunal in relation to licensing and breach of licensing conditions under the Housing Act 2004 – Newcastle City Council v Abdallah (2024) UKUT 140;
- advising as to issues associated with the refusal of an easement;
- acting for TFL in a possession claim against trespassers on high-profile land in central London;
- advising as to a compensation matrix for potential dilapidation claims in relation to a development of mixed tenure (including leasehold, freehold and shared-ownership);
- acting successfully for a company claiming mesne profits in respect of the occupation of a hotel once the lease had come to end; and,
- advising in respect of a potential claim against a landlord by intermediate market rent tenants in relation to the condition of various flats.
Publications
She is a contributor to the Affordable Housing – Modern Guide to Construction and Delivery (2016, Lexis online publication).
- Housing
Sarah is ranked in both Chambers & Partners and Legal 500 for housing. Her caseload involves all aspects of housing law including possession, homelessness and allocations, Equality Act 2010 duties, welfare benefits, anti-social behaviour, unlawful eviction and housing conditions (including issues with cladding).
She acts for local authorities, private registered providers and tenants.
During 2022 to 2023, Sarah has led a team in Chambers working on contracts for social housing providers and private landlords in Wales – including the Welsh Government – following the wholesale transformation of housing law in Wales by the Renting Homes (Wales) Act 2016.
Her recent work has also included:
- advising, and acting for, numerous community landlords in Wales on a variety of issues arising under the Renting Homes (Wales) Act 2016 and its regulations;
- advising on housing benefit issues;
- advising on issues associated with homelessness applications and how an authority provides temporary accommodation pursuant to duties under Part 7, Housing Act 1996;
- advising in relation to proposed adaptations of a property and the interaction between an authority’s policy and a disabled facilities grant under the Housing Grants, Construction and Regeneration Act 1996; and,
- successfully acting in an appeal by the local authority against the dismissal of a possession claim based on allegations of subletting.
Publications
Sarah is the author of Author of ‘A Practical Guide to Housing Allocation Schemes in England’ (Law Brief Publishing).
She is a contributor to the Encyclopaedia of Forms and Precedents, vol 24(1) Landlord and Tenant (Social Housing) (2019) and has contributed to Westlaw Topics (‘Secure tenancies’ and ‘Housing: anti-social behaviour’).
Cases
Newcastle City Council v Abdallah (2024) UKUT 140 – the case concerned the service of notices by local authorities under the Housing Act 2004. It was confirmed that section 233 of the Local Government Act 1972, applies to an authority’s request for information to be provided in compliance with licence conditions.
Jarvis v Evans [2020] EWCA Civ 854; [2021] 1 WLR 24 – the first case to see the provisions of the Housing (Wales) Act 2014 before the higher courts. The case held that a section 8, Housing Act 1988 notice served by a landlord was a “notice to terminate a tenancy” and if such a notice was served by a landlord who was unlicensed in Wales, it was invalid. Sarah was lead counsel for the tenants.
Gil v Camden LBC [2020] EWHC 735(QB) – counsel for the successful local authority.
Royal Borough of Greenwich v Charlotte Tuitt [2014] EWCA Civ 1669; [2015] HLR 10 – Sarah acted for the successful local authority resisting a challenge to the making of an immediate possession order in circumstances where the behaviour was caused by the tenant’s son as opposed to the tenant herself.
Octavia Housing v Winter [2012] EWCA Civ 436 – appeared for the successful landlord.
- Three new titles in the “Cornerstone On” series announced06 Aug 2024
- Cornerstone Barristers shortlisted for multiple awards at the Legal 500 Bar Awards09 Jul 2024
- Housing Newsletter | February 202426 Feb 2024
- Another busy year for Cornerstone Barristers’ social housing team26 Feb 2024
- Cornerstone Barristers retains top ranking in legal directories for Social Housing25 Oct 2023
- Cornerstone Housing Day presentation slides10 Oct 2023
- Gang and anti-social behaviour injunctions: Supreme Court confirms the standard of proof to be applied19 Jul 2023
- Sarah Salmon chairs the Social Housing Law Association Annual Conference01 Nov 2022
- Effective Legal Responses to Gang-Related Violence and Drug Dealing 25 Oct 2022
- Procedural rules for claims under the Renting Homes (Wales) Act 2016 – due to come into effect 1 December 202229 Jul 2022
- Cornerstone Barristers’ Sarah Salmon and Kuljit Bhogal speak at SHLA Virtual Annual Conference 202116 Nov 2021
- Cornerstone Barristers welcomes new tenant Sarah Salmon21 Jul 2021