Specialist in housing litigation and management.
My specialism at Anthony Collins Solicitors is housing management and litigation. I work with social landlords undertaking all types of housing litigation including anti-social behaviour work, as well as drafting and advising on all policies and procedures. I also enjoy delivering regular training on housing management subjects for clients and sector bodies. On top of this I advise schools and charities on harassment issues.
I’ve led numerous appeal cases on key housing issues over the last 10 years,as well as defending judicial reviews relating to care provision. I have authored an anti-social behaviour chapter of an online CIH manual as well as contributing to the Chartered Institute of Housing's Community Harm statement and Tenure Reform publications. In 2010, I won the Birmingham Law Society Award for Commercial Solicitor of the Year. Chambers 2017 ranks me as a ‘notable practitioner’ for social housing.
The Private Members Bill Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill 2017-19 now has Government support and was debated at second reading on Friday 19 January 2018.
In the case of R (Esposito v Camden LBC), decided in the High Court on 31 July 2017, the tenant had been evacuated from one of Camden’s tower blocks after the Grenfell Tower fire, on the advice of the London Fire Brigade, who had declared that the block of flats was unsafe.
The County Court at Bristol held in Camelot v Greg Roynon  that a tenancy had been granted. The judgment looked carefully at whether ‘exclusive possession’ was given in the agreement and the reality of the situation on the ground.
In response to the coming into force of these “asset freedoms”, the HCA has issued a consultation on an amendment to the Tenant Involvement and Empowerment Standard (TIE Standard). The consultation can be viewed here.
Section 21 (7) of the Act states that: “In deciding whether to grant an injunction under section 1, a court may take account of conduct occurring up to six months before the commencement day.
Please note that the Cardiff CC –v- Lee (Flowers) case reported in our recent e-briefing (click here) does also apply to suspended possession orders made in rent arrears cases.
The Court of Appeal confirmed in Cardiff CC v Lee (Flowers) that an application for permission to issue a warrant must be made before a warrant request is made. The Judgment can be found by clicking here.
Warrant applications – beware! There have been some recent challenges to warrants of possession, on the basis that the “Balance due at date of request” section was not filled in or stated to be £0.00
For all private landlords (including housing associations but excluding local authorities) – there is help in Part 3 to tackle abandoned premises potentially without court proceedings.
The assured tenancy NSP prescribed form is being changed from Wednesday 6th April 2016. The form can be found online (though as a pdf) here.
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