Housing and homelessness

Overview

Our experience spans advisory and policy work, statutory appeals under s. 204 Housing Act 1996, and judicial review including urgent and interim applications. We have particular strength in the complex cross-disciplinary issues which arise where homelessness law intersects with other regimes such as Care Act 2014, Children Act 1989, immigration and asylum law, and property law.

Our members are at the forefront of developments in homelessness law, both in the courtroom and outside it. We regularly offer training and seminars across this area, and our members are involved in some of the most well-recognised publications including the leading practitioner text ‘Homelessness and Allocations’ of which Justin Bates is co-author. Members have also been actively involved in supporting the Law Commission, working alongside members of parliament in drafting private members bills, and giving evidence to Parliamentary Committees.  Members have also advised and acted in the housing regulatory field, e.g. for or against the Social Housing Regulator or in the context of the complex rules relating to the placement of children in need into a range of accommodation.

In court, members of Landmark have been involved in some of the most significant cases in this area in recent years. Examples include:

R (Imam) v. Croydon LBC UKSC 2022/0102 – Justin Bates, Harriet Wakeman, and Barney McCay acted for Crisis, the UK national charity for homelessness, in this appeal to the Supreme Court concerning the nature of the duty owed by local authorities under s. 193(2) Housing Act 1996 and the proper approach to enforcement of that duty.

National Community Homes CIC (formerly known as Larch Housing Assoc.Ltd) v Social Housing Regulator [2022] EWHC 3171 (Admin) – Samantha Broadfoot KC acted for the Social Housing Regulator in one of the first statutory appeals to the High Court against de-registration (and the first to come to judgment) which sets out the scheme and the principles that apply.

R (Campbell) v. Ealing LBC – Galina Ward KC and Siân McGibbon act for the claimant, now appellant, in this appeal to the Court of Appeal which raises a point of general importance regarding the interaction between Part VII Housing Act 1996 and s. 23 Care Act 2014, and the consequences for homeless adults who have looked after care needs.

Zaman v. Waltham Forest LBC [2023] EWCA Civ 322 – Siân McGibbon acted for the successful appellant in this statutory appeal concerning ‘out of borough’ placements for families with children.

Rowe v. Haringey LBC [2022] EWCA Civ 1370 – Justin Bates and Siân McGibbon acted for the appellant in this appeal concerning the interaction between the statutory definition of homelessness and various regimes for regulation of overcrowding.

Adesotu v. Lewisham LBC [2019] EWCA Civ 1405 – Justin Bates acted for the Equality and Human Rights Commission who intervened in this appeal concerning the jurisdiction of the county court to determine alleged breaches of Equality Act 2010 in a statutory appeal under s. 204 Housing Act 1996.

Samuels v. Birmingham City Council [2019] UKSC 28 – Brooke Lyne appeared as junior counsel for the respondent City Council in this landmark appeal concerning the approach to assessment of affordability under Part VII Housing Act 1996.