Tom’s well established practice covers all areas of social housing litigation and landlord and tenant disputes, including claims for possession and demotion, anti-social behaviour, unlawful eviction, disrepair, the right to buy and succession claims. His practice also covers public law challenges concerning homelessness, s. 204 appeals to the county court and applications for judicial review and issues arising out of the Human Rights Act.
Areas of Expertise
Particular areas of expertise include possession claims and Human Rights; claims for damages and injunctive relief for disrepair and bringing and defending claims to possession.
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
- Assistant Editor “Tolley’s claims to the Possession of Land” (5th Edn 2000-2003)
Seminars
- The ECHR and possession proceedings (YHLPA 2008);
- Disrepair: The Law and Practice (June 2009);
- Housing Law: Current and Future issues (with Simon Read May 2010).
