Richard has an extensive knowledge of social housing, both as a barrister in independent practice and as the head of a legal team working in-house at a large Housing Association. He is aware of the need to handle some cases with sensitivity, others with firm action, and understands the pressures and deadlines that clients can be under – quite apart from those dictated by the Courts and rules.
Areas of expertise include:
Discretionary and mandatory possession claims
Injunctions and committals
Housing conditions cases, under both section 11 and fitness for human habitation
Section 82 Environmental Protection Act prosecutions and defences
Equality Act defences
Human rights challenges
Public Law challenges
Claims against “persons unknown”
Arguments on allocation and succession
Right to Buy claims
Tenancy fraud and Unlawful Profits Orders
In particular, Richard has a wealth of experience advising on and defending housing conditions claims and cases under section 82 of the EPA brought against landlords by their tenants, whether at an early stage under the pre-action protocol or in court.
Last year Richard obtained an injunction against persons unknown in the County Court for his client within a week of the Court of Appeal’s decision in Barking & Dagenham LBC v Persons Unknown [2022] EWCA Civ 13.
Midland Circuit
Social Housing Law Association
University of Essex, LLB (Hons) Law
Inns of Court School of Law – Bar Vocational Course (VC)
Friendship Care & Housing Association v Begum [2011] EWCA Civ 1807
Richard appeared for the landlord in a case based on the husband/joint tenant’s criminal activity, including drug dealing in the neighbourhood and fencing stolen property. The husband was in prison and the behaviour unlikely to recur while he was serving his sentence, but although the wife had been aware of his criminal activities she had done nothing to stop them or distance herself from them.
The appellant wife appealed the judge’s decision not to suspend the possession order, relying heavily on the interests of the children, who were innocent of any wrongdoing (as well as having a number of extra vulnerabilities).
Richard successfully persuaded the court at first instance that the wife had been, if not complicit in her husband’s behaviour, aware of it and had done nothing to stop it or discourage it. Her attempts to distance herself from his activities were undermined in cross examination, and the judge held that her misleading account given in evidence was such that he could not rely on any assurances that she was giving as to future behaviour.
The Court of Appeal agreed, and upheld the outright possession order that was made.
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St Ives Chambers is particularly well known for its family law expertise, which spans family finance, children and care matters………. Other key areas include crime and regulatory, commercial, Chancery and banking matters……Legal 500
