Barrister

Tom Tyson

Year of call 1995

Housing

Practice Summary

Tom’s well established practice covers all areas of social housing litigation and landlord and tenant disputes. He regularly writes articles and gives seminars and lectures on all aspects of housing law and is called upon to advise social landlords including local authorities, on matters of policy including homelessness, allocation and registration of social housing providers. His many years’ experience, clarity of advice and pragmatic approach is brought to bear in his particular areas of expertise.

Areas of Expertise

  • Anti-social behaviour possession cases and injunctions

  • Bringing and defending claims in housing cases where the tenant lacks capacity, including community care assessment and provision

  • Claims arising out of the Human Rights Act and Equality Act

  • Claims concerning unlawful eviction

  • Claims for possession and demotion

  • Commercial landlord and tenant disputes

  • Disputes over the right to buy and succession claims

  • Disrepair claims relating to residential premises

  • Public law challenges concerning homelessness and allocation of housing, public law defences to possession claims, s. 204 appeals to the county court and applications for judicial review

  • Service charge disputes and housing regulation maters before the Property Chamber of the FTT

Notable Cases

Incommunities v D (2014 unreported, High Court) -
Appeal against committal order, sufficiency of evidence and relevance of coexisting criminal proceedings.

WDH v S (by his Litigation Friend the Official Solicitor) -
Appeal involving the meaning of ‘as if they were civil partners’ in succession provisions; the scope of the proportionality review where the court has already found the defence to be ‘seriously arguable’. (2011 Permission granted by Court of Appeal, compromised before hearing)

WDH v D - Starter tenancy, public law defence, sufficiency of review and whether public law defence limited to Wednesbury unreasonableness. (2013 Permission granted by Court of Appeal for second appeal, compromised before hearing)

Reported Cases

Wall v Sheffield CC and others [2010] EWCA Civ 922 – secure tenancy,succession claim, whether foster child a member of the family and entitled to succeed; effect of execution of possession order later set aside; validity of subsequent grant of secure tenancy to third parties.

Leeds CC v Price (Kay v Lambeth LBC) [2006] 2 AC 465 – the scope of Article 8 ECHR as a defence to proceedings against trespassers; effect of Human Rights Act on doctrine of precedent.

Sheffield CC v Wall [2006] EWCA Civ 495 - secure tenancy succession, residence criterion.

Smart v Sheffield CC [2002] HLR 34 – non-secure tenant; impact of Articles 6 and 8 ECHR on proceedings for possession.

Sheffield CC v Hopkins [2002] HLR 12 – extent of court’s discretion to suspend warrants of possession and impose terms; guidelines given for exercise of that discretion.

LB Tower Hamlets v Long (2000) 32 HLR 219 – anti-social; behaviour injunction; breach; sentencing.

Publications

All proportionality defences are equal, but some are more equal than others - Ackerman-Livingstone v Aster Communities Ltd [2015] UKSC 15

Magic beans for that cow? - Scott v Southern Pacific Mortgages [2014] UKSC 52

Teather’s Tether - Will the Tenancies (Reform) Bill be a sticker?

Assistant Editor: "Tolley’s claims to the Possession of Land" (5th Edn 2000-2003)

Lectures and Seminars

Tom regularly lectures on housing law subjects and is known for his relaxed and amusing style of presentation. Tom is also happy to provide bespoke training to housing providers on areas of particular concern, recently including defending claims for disrepair. Please contact the clerks for further details.

Tom Tyson

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