Renters (Reform) Bill: A Tour Bus Guide – Stop 2: Grounds for Possession
Michael Grant provides the second instalment of our Renters (Reform) Bill Series.
Published: 1st Jun 2023
42BR's Housing team includes two part-time judges, and a founder member of the Social Housing Law Association.
This highly experienced group appears in, and advises on, not only the common types of housing dispute, but also more specialised disputes such as HMO licensing and licence breaches, environmental law and discrimination.
We regularly act for local authorities, housing associations, housing trusts, RMCs, portfolio and private landlords, and individuals.
We provide clear tactical advice and representation at short notice, such as when seeking, or responding to, injunctions.
Here is a summary of the areas of Housing Law in which we are regularly instructed:
Our Housing Group regularly present webinars in which they cover a range of Housing Law topics. You can view the recordings of these webinars on our Youtube channel, as well as download the slides.
Michael Grant provides the second instalment of our Renters (Reform) Bill Series.
Published: 1st Jun 2023
A Housing Law webinar presented by Iris Ferber KC and Stefan Liberadzki.
Published: 26th May 2023
First Stop: Deposits, gas safety certificates and more – throwing the baby out with the bathwater?
Published: 25th May 2023
Housing Law case summary, provided by 42BR Angela Piears.
Published: 3rd May 2023
Krishma Patel and Paul Fuller discuss some practical aspects of gathering and pleading evidence.
Published: 3rd Apr 2023
Iris Ferber and Jamie Fireman present a practical Housing webinar.
Published: 7th Mar 2023
A webinar explaining how to assess quantum in rent repayment order applications by reference to recent caselaw.
Published: 31st Jan 2023
Paul Fuller discusses the recent High Court decision in Moradi v The Home Office  EWHC 3125 (KB).
Published: 14th Dec 2022
Join us for this in person seminar on Thursday 8 December, from 09:30am.
Published: 24th Nov 2022
Iris Ferber and Krishma Patel present a webinar on preparing defences in possession claims
Published: 31st Oct 2022
We are pleased to invite you to attend our webinar on Administration of Estates: Dealing with errant PRs
Published: 27th Oct 2022
Paul Fuller has written an article in which he discusses the recent Court of Appeal decision in Norton v LB Haringey
Published: 25th Oct 2022
Mathew McDermott has written an article titled “Calculating the Amount of Rent Repayment Orders”, which has been published in Landlord and Tenant Review.
Published: 28th Sep 2022
We will be hosting a virtual round table discussion where a group of five practitioners, specialising in different areas of law, will discuss the status of a pet or companion animal in law.
Published: 26th Sep 2022
In person Housing Event in conjunction with SHLA
Published: 28th Jul 2022
Louise Whittington and Jamie Fireman will be presenting a webinar on Disrepair: Enforcement of Settlement Agreements.
Published: 27th Jul 2022
Desmond Kilcoyne, of 42BR, has written a synopsis on the Building Safety Act 2022: Parts now in force since 28 June 2022
Published: 5th Jul 2022
Robert Winspear discusses the recent Upper Tribunal decision in Hallett v Parker  UKUT 165
Published: 30th Jun 2022
The Court found for Christopher’s client on ground 1, concluding that submissions made to a Judge in 2014 amounted to a serious procedural irregularity, and also went on...
Published: 22nd Jun 2022
Michael Grant discusses the recent High Court decision in Procter v Procter and others  EWHC 1202.
Published: 30th May 2022
42 Bedford Row members Iris Ferber and Andrew Carter have recorded a training session on EPA Disrepair: Proving the Elements of an EPA Offence.
Published: 27th May 2022
Making a mountain out of a Maida Hill: the Public Sector Equality Duty and Anti-Social Behaviour Injunctions
Published: 18th May 2022
Housing Webinar with Mathew McDermott & Stefan Liberadzki
Published: 14th Apr 2022
Gillian Crew discusses the recent High Court decision in Axnoller Events Limited v Brake
Published: 28th Mar 2022
Published: 16th Mar 2022
Housing Webinar with Natalie Foster & Max Gordon
Published: 15th Mar 2022
Money doesn’t grow on trees: how (not) to conduct an affordability exercise
Published: 16th Feb 2022
Barristers Robert Winspear & Desmond Kilcoyne will be providing some virtual training for our next Housing Webinar
Published: 3rd Feb 2022
Robert Winspear discusses the Court of Appeal’s decision in LB Barking and Dagenham v Persons Unknown  EWCA Civ 13
Published: 26th Jan 2022
Too little too late: Successful PSED challenge to a possession order
Published: 21st Dec 2021
Housing Webinar with Krishma Patel and Stefan Liberadzki.
Published: 7th Dec 2021
What you don’t know can hurt you (if you are a local authority making a private sector offer)
Published: 2nd Dec 2021
The Administrative Court has cast a fresh eye on the circumstances in which a renewed homelessness application made under Part VII of the Housing Act 1996 amounts to a new application.
Published: 10th Nov 2021
Housing Webinar with team members Iris Ferber and Angela Piears.
Published: 3rd Nov 2021
This webinar will be suitable for junior litigators, and for anyone who wants a refresher.
Published: 28th Sep 2021
Interactive Housing Webinar
Published: 1st Sep 2021
This training will provide practical guidance on frequently encountered issues in the preparation of applications for both civil injunctions and committals following breach of an injunction.
Published: 29th Jul 2021
Natalie Foster explores the potential role of ‘Nightingale Courts’ and extended operating hours in unclogging the backlog – and ensuring that the wheels of justice keep turning.
Published: 9th Jul 2021
Michael Grant discusses yesterday’s decision by the Court of Appeal in Minister v Hathaway  EWCA Civ 936
Published: 24th Jun 2021
This training will cover a short, easy to digest introduction to statutory nuisance prosecutions in respect of residential accommodation
Published: 23rd Jun 2021
The significance of a recent High Court housing law case cannot be underestimated – both legally and practically – in bringing to the fore the practical effects of local authority allocation schemes, writes Martin Khoshdel.
Published: 23rd Jun 2021
What to consider (or not) when quantifying Rent Repayment Orders
Published: 22nd Jun 2021
The freeze on possession hearings is finally starting to thaw – but how will the courts cope with the huge backlog of cases? Will mediation, online hearings, or a dedicated housing tribunal make a difference? In the first of a series of articles from 42BR Housing, looking at the potential solutions, Catherine Urquhart analyses the mediation pilot scheme.
Published: 16th Jun 2021
Mathew McDermott discusses a recent case on the service of notices in prosecutions for statutory nuisance under the 1990 Act.
Published: 14th Jun 2021
Published: 4th Jun 2021
Martin Khoshdel discusses the recent High Court decision in R (Nur and Abdulahi) v Birmingham City Council  EWHC 1138 (Admin)
Published: 18th May 2021
Michael Grant discusses the recent Court of Appeal decision of Aster Communities v Kerry Chapman (and Ors)  EWCA Civ 660, concerning the attachment of conditions to an award of dispensation from the consultation requirements under S.20 of the Landlord and Tenant Act 1985.
Published: 14th May 2021
Iris Ferber discusses the recent High Court decision in R (Minott) v Cambridge City Council  EWHC 211 (Admin): Scope of “Local Connection” in Homelessness Applications
Published: 5th Mar 2021
Published: 2nd Nov 2020
Published: 24th Aug 2020
Published: 22nd Jun 2020
Michael Grant discusses the recent appeal in London Borough of Hackney v Okoro concerning the scope of PD 51Z.
Published: 1st Jun 2020
Published: 12th May 2020
Published: 29th Apr 2020
Published: 23rd Apr 2020
Published: 17th Apr 2020
Published: 15th Apr 2020
Published: 14th Apr 2020
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Published: 5th Nov 2019
Published: 5th Nov 2019
Published: 4th Nov 2019
Published: 23rd Oct 2019
In this bulletin Angela Piears looks at this recent Court of Appeal decision that considers whether, if a social landlord breaches its Public Sector Equality Duty (“PSED”) under section 149 Equality Act 2010 (“EA”), a court will assess if it would have made any difference had the social landlord in fact complied with its duty.
Published: 1st Aug 2019
In the latest newsletter from the Housing team at 42 Bedford Row, Mathew McDermott looks at the Supreme Court’s judgment dealing with the approach to affordability under Part VII Housing Act 1996
Published: 13th Jun 2019
Mathew McDermott summarises the key principles in this important area of homelessness litigation.
Published: 5th Jun 2019
R. (on the application of Notting Hill Genesis) v Camberwell Green Magistrates' Court  5 WLUK 124
Published: 15th May 2019
A focused six-part series of free ‘Breakfast Sessions’ presented by highly experienced and specialist barristers
Published: 24th Apr 2019
Michael Grant discusses the recent County Court appeal of Trecarrel House Limited v Rouncefiled, HHJ Carr, County Court sitting at Exeter, 13 February (unreported)
Published: 21st Mar 2019
Today, 20 March 2019, the Homes (Fitness for Human Habitation) Act 2018 comes into force; introducing new sections 9A, 9B and 9C into the 1985 Act.
Published: 20th Mar 2019
Published: 18th Dec 2018
In this Bulletin Niamh O'Brien looks at the recent decision of the European Court of Human Rights in FJM v. the United Kingdom. Is the section 21 process compatible with the ECHR?
Published: 6th Dec 2018
In this Bulletin, Michael Grant discusses a recent County Court judgment of His Honour Judge Luba, QC, concerning prohibitions in long residential leases and the well-known short-let website ‘AirBnB’.
Published: 12th Nov 2018
London Borough of Haringey v Mulkhis Simawi  EWHC 2733 (QB)
Published: 24th Oct 2018
Elizabeth England discusses an important Court of Appeal case on sentencing for contempt of court where issues are raised in respect of Legal Aid
Published: 4th Oct 2018
In this Housing Law Bulletin, Mathew McDermott discusses some key changes that take effect from 1st of October 2018.
Published: 27th Sep 2018
In this bulletin, Edmund Walters discusses a recent case in which he successfully appeared in the Divisional Court on a point concerning the laying of informations and doing so before the six-month time limit expires.
Published: 10th May 2018
In this Bulletin, Christi Scarborough discusses banning orders: what are they? When would one be used? What are their consequences? Banning Orders – what are they and how do they work? Christi Scarborough looks at new powers available to Local Authorities from 6 April 2018, and the circumstances under which private landlords or letting and
Published: 1st May 2018
Desmond Kilcoyne has been acting on behalf of the Defendant, Audra Wamsteker, in a six-day trial brought against her by her father, Paul David. Judgment has been reserved. The dispute concerns the ownership of two domestic properties, the proceeds of sale of four American properties and her late mother’s jewellery collection. The legal issues include
Published: 17th Apr 2018
In this bulletin Elizabeth England discusses a recent Court of Appeal case that reminds us who has the burden of proving an error of law in homelessness appeals under Part VII Housing Act 1996 Avoiding exegetical sophistication: Rother District Council v Stephen Freeman-Roach  EWCA Civ 368 The Court of Appeal has handed down guidance
Published: 16th Apr 2018
On 3 April 2018, the Homelessness Reduction Act 2017 commenced, imposing a number of new duties on housing authorities to provide early intervention, in order to prevent homelessness. The Act makes significant amendments and additions to the Housing Act 1996
Published: 9th Apr 2018
In this bulletin, Matthew Feldman discusses the important recent Supreme Court case of Barton v. Wright Hassall LLP  UKSC 12, a case that is of relevance well beyond the housing law field.
Published: 19th Mar 2018
Is it fair to treat the children of secure tenants differently for the purpose of succession depending upon how their deceased parent became the tenant? This, in essence, is the question at the heart of the long-running case of London Borough of Haringey v. Simawi. The question will be answered at trial in October 2018
Published: 28th Feb 2018
Niamh O’Brien discusses the recent Court of Appeal decision on ‘settled accommodation’ and asks: when is accommodation ‘settled’? Doka v London Borough of Southwark  EWCA Civ 1523 Introduction The ‘full housing duty’ owed by local authorities to house homeless applicants does not apply to those who have become intentionally homeless. In order to be
Published: 7th Nov 2017
Matthew Feldman discusses the recent Upper Tribunal decision dealing with the thorny issue of letting agents’ administration fees. In this case, the Upper Tribunal (Administrative Appeals Chamber) found that Foxtons Limited (‘Foxtons’) were in breach of the requirements of the Consumer Rights Act 2015 (‘the Act’) in connection with published details of its relevant fees in three branches and on its website, and imposed a penalty of £4,500 in respect of each breach, amounting to £18,000.
Published: 30th Oct 2017
Panayiotou v Waltham Forest, Smith v LB Haringey  EWCA Civ 1624 The demise of significance The Court of Appeal have considered the conjoined appeals of two homeless applicants who claimed that the Respondent housing authorities had applied a wrong legal test when considering whether or not they were ‘vulnerable’ within the meaning of s.189(1)(c) of the Housing Act 1996.
Published: 23rd Oct 2017
Mathew McDermott discusses how relevant, if at all, the questions of hindsight and one’s own understanding of one’s security of tenure are when looking at whether or not accommodation is ‘settled’. To what extent is a tenant’s mistaken but honestly-held understanding of their security of tenure relevant when asking if accommodation is ‘settled’ for the
Published: 4th Sep 2017
19 and 21-year old son and daughter of a homeless applicant are not ‘dependent children’ for the purposes of assessing ‘priority need’ Introduction Stefan Liberadzki recently appeared for a local authority in a homelessness appeal under s.204 of the Housing Act 1996. Here he discusses the Court’s decision that the appellant’s children could not count
Published: 5th Jul 2017
Mental Health Issues in Housing Litigation During April and May 2017, we ran a 2-part workshop in Chambers exploring the law and procedure on dealing with mental health issues in housing cases. This Bulletin is intended as a follow-up note for those of you who attended, and as a general practice note for those of
Published: 30th May 2017
Christi Scarborough discusses the recent Supreme Court case of Poshteh v. RBKC, addressing the overlap between the Part VII procedure and Article 6 ECHR as well as the discretion given to reviewing officers. Poshteh in the Supreme Court: (i) Part VII Housing Act 1996 entitlement and ‘civil rights’ and (ii) a restatement of the importance
Published: 16th May 2017
Double-edged sword: Can you have two possession orders at once? In a recent case an interesting point arose around whether or not it was possible for a landlord under an AST to have two possession orders in respect of the same property at the same time. Facts The facts of the case were fairly typical.
Published: 13th Mar 2017
Article 14 European Convention on Human Rights and treating private sector tenants differently from secure tenants for the purposes of a local authority’s Part VI housing allocation scheme R (on the application of Osman) v. LB of Harrow  EWHC 274 (Admin) 42 Bedford Row’s Mathew McDermott successfully represented the Defendant in this challenge brought
Published: 22nd Feb 2017
Welcome to this, the 19th bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to firstname.lastname@example.org New evidence, settled section 204 appeals and costs LB Croydon v. Lopes  EWHC 33 (QB) It is well known that usually
Published: 1st Feb 2017
Welcome to this, the 18th bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to email@example.com Forfeiture for non-payment of service charges Last month, we ran a workshop in Chambers exploring the law and procedure of forfeiting a
Published: 9th Jan 2017
Welcome to this, the 17th bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to firstname.lastname@example.org Anti-social behaviour injunctions: can the Court rely on historic bad behaviour? Birmingham City Council v Glenn Parode  EWHC 3119 (QB) In
Published: 14th Dec 2016
Welcome to this, the sixteenth bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to email@example.com Warrants for Possession Cardiff City Council v Lee (Flowers)  EWCA Civ 1034 The Senior Master has today issued her practice note
Published: 22nd Nov 2016
Welcome to this, the fifteenth bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to firstname.lastname@example.org Some Top Tips for Tenancy Fraud Cases Six years ago, the National Fraud Authority launched its Social Housing Tenancy Fraud Project that
Published: 5th Sep 2016
Welcome to this, the fourteenth bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to email@example.com On 13th July 2016 the Supreme Court handed down judgment in this case where a tenant (Mr Edwards) in a block of
Published: 21st Jul 2016
On 29th June 2016, Desmond Kilcoyne and Matthew McDermott were invited by the London Housing and Regeneration group of Lawyers in Local Government (LLG) to conduct a half-day seminar (headed by Alexander McDowall, a lawyer in Legal Services at the London Borough of Camden) on the radical new housing law being introduced by the Housing
Published: 5th Jul 2016
Welcome to this, the thirteenth bulletin from the Housing Team. We hope that you will find the content of interest: if you wish to receive further updates you can subscribe by replying to firstname.lastname@example.org This bulletin discusses the judgment in the case of McDonald (by her litigation friend Duncan J McDonald) v McDonald & others  UKSC 28.
Published: 20th Jun 2016