Associate in the housing litigation team
I am an associate in the housing litigation team. I assist registered providers in connection with all aspects of housing litigation. This includes possession claims based on anti-social behaviour, breach of tenancy and trespass as well as injunctions, both on notice and without notice, whether for anti-social behaviour or other breaches of tenancy/lease or safety issues. I have advocacy experience predominantly in the County Court but also in the Magistrates Court and first-tier tribunal. I provide detailed advice to our clients on a wide range of tenancy related issues. I support and supervises junior members of the team with a passion to upskill and encourage their development.
I have worked in the area of social housing litigation since I started at Anthony Collins Solicitors as a legal assistant in 2007. I have expert knowledge of a broad range of litigation issues faced by registered providers of social housing. I run a varied caseload including possession and injunction claims, many of which are defended and involve complex issues such as mental capacity, Equality Act defences and proportionality defences. I have a practical approach, built up over my years of experience in the sector, which ensures that I will advise on the whole aspect of a matter, not just the strictly legal issues. I have excellent advocacy skills and conduct my own hearings in the County Court, and where necessary (for example a closure order or youth injunction), the Magistrate’s Court.
Must a defended possession claim at first hearing be adjourned with directions?
Following the end of the possession stay on 21 September, Helen Tucker & Rebecca Sembuuze from our housing litigation team discuss the most recent guidance, priority cases and what to expect in court.
In response to the Covid-19 pandemic, a court rule known as a Practice Direction 51Z (or PD51Z) was made on 26 March 2020 and came into force on the following day.
From 6 April 2020, the practice direction that governs statements of truth for witness statements and statements of case is changing.
The Civil Courts have now released a list of their priorities for housing enforcement work.
We summarise the current approach being taken by the civil courts, and offer practical suggestions on what to do about adjourned upcoming hearings, trials or hearings.
Haringey LBC v Simawi 2018 focussed on the issue of statutory succession where one of two joint secure tenants had died, then the remaining tenant later died leaving an adult child in occupation.
Of course, the starting point should always be warning letters and discussions with the leaseholder to ensure they are aware of the terms of their lease and the allegations of breach.
If a periodic tenant dies without leaving a will, the correct process for bringing the tenancy to an end is to serve a Notice to Quit (NTQ) at the property addresses to “the personal representatives of [name of deceased tenant]”.
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