Associate in the housing management and litigation team
I am an associate within our housing litigation team and I specialise in all aspects of housing litigation. I regularly advise registered providers on anti-social behaviour matters, tenancy enforcement issues and disrepair claims issued by tenants. I also provide extensive training packages to our registered provider clients.
I qualified as a chartered legal executive in 2007 but have been with Anthony Collins Solicitors since 2003. I initially worked within our regulatory team but have specialised in housing litigation since 2005.
I run a varied case load including possession and injunction claims, many of which involve complex issues such as mental capacity, Equality Act Defences and proportionality Defences. I have designed and delivered numerous bespoke training sessions for clients and have received excellent feedback for my clear and easy to understand approach. These training sessions include advocacy for rent arrears teams; housing law back to basics and a follow-on advanced housing law session; and a disrepair masterclass.
I also provide strategic advice to social landlords on tenant disrepair claims and provide reviews of and advice on a number of client policies and procedures.
Most housing practitioners have perhaps been waiting for this news since the latest lockdown was announced by the Prime Minister on 4 January 2021.
Not only has the possession stay been extended until 20 September, the notice periods to be given to tenants has been extended in certain circumstances with some important exceptions.
After much commentary in the housing press in recent days, we are aware that this morning, Friday 21 August 2020, the Civil Procedure Rules Committee approved a further amendment to the Court Rules, extending the current stay on possession proceedings until 20 September 2020. This is simply awaiting a Statutory Instrument to be laid by Parliament to bring the changes in; therefore, the position could change but the possibility of this is very slim.
The impact of Covid-19 continues as the stay on possession claims is extended.
Late last night (26 March) the Ministry of Housing, Communities and Local Government (MHCLG) issued a guidance note regarding Court Service.
The recent case of Cardiff CC -v- Lee (see our ebriefing here) has left landlords needing to apply to the Court for permission to issue a warrant of possession where an SPO has been breached.
The changes can be found in The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment No. 2) Regulations 2016. The Schedule to those Regulations contains the content of the prescribed form of the new Section 8 Notice Seeking Possession.
Recap - What is an Article 8 Defence? Where a tenant seeks to persuade the Court that eviction from their home would not be proportionate.
Now is the time to review procedures re the necessary pre-action steps that need to be taken prior to issuing possession proceedings.
To recap the following tools will be available as of 20 October 2014: New absolute Ground for Possession – available for both secure and assured tenants, the new absolute Ground for possession creates 5 different conditions that can give rise to a mandatory Possession Order.
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