Reviewers' Comments on Jan Luba QCChambers UK 2009 reports that: "Interviewees couldn't speak highly enough of this barrister, who is "virtually in a league of his own - his judgement about how the law should be developed to benefit those in housing need is unrivalled, and he remains the first choice for work in the appellate courts.""
Chambers & Partners 2008 said: "Mr Housing Law" Jan Luba QC continues to be recognised as the leading silk for housing-related public law matters. "He has an amazing ability to marshal complicated facts and arguments and present them in a simple, effective way," reveal sources."
Chambers & Partners 2008 also said: "the "inspirational" Jan Luba QC was praised for being "a walking encyclopaedia" of housing law and its connection with other areas of social welfare law such as community care. He is also an "efficient advocate who has the ear of the court" and his peers and clients are unanimous in regarding him as "exceptional." Based on this feedback from commentators, Jan was the only advocate ranked as a "Star Performer" for Social Housing in Chambers & Partners 2008 and 2009
In 2007 the Legal 500 said: Jan Luba QC is 'a brilliant advocate who has taken a leading role in the developing of housing law in the past two decades.' In 2008 it describes him as "a seminal figure in Housing Law". In 2007 Jan Luba QC won The Legal Aid Barrister of the Year award. He was honoured by the judges for his exceptional commitment and expertise in housing work. Practice(1) Housing law: including residential landlord and tenant, homelessness, social and private sector housing, disrepair, housing standards, house renovation and housing benefit. Jan is particularly interested in the administrative law aspects of social housing provision and homelessness.
(2) Other social welfare law: including housing benefit and housing-related social welfare law covering health, disability, community care, discrimination and appeals to the Social Security Commissioners and courts. Jan's practice is now almost exclusively in the House of Lords and Court of Appeal - appearing in the leading Housing law cases (see Notable Cases section below). He tends to be instructed for the consumers of housing more often than for the providers with the result that most of his work is funded by legal aid.
In addition to his advocacy work, Jan undertakes a wide range of instructions to advise both consumers and providers of housing. Most recently Jan has sought to establish the importance of housing as a "human right" particularly for the most disadvantaged and poorly housed. He has also worked on the provision of housing as an aspect of "community care" services. Jan undertakes a wide range of teaching and training commitments and is highly regarded as an effective communicator. His voluntary work includes undertaking Case Reviews for the Bar Pro Bono Unit and serving as Patron of Croydon Housing Aid. He is a member of the Bar Council's Civil Legal Aid Committee. Jan is a Recorder authorised to sit in criminal and civil cases and in the Employment Appeal Tribunal.
BackgroundJan has been with Garden Court Chambers since 1992. Before that he worked for over 10 years in voluntary sector organisations including: a law centre, the CAB service, the Child Poverty Action Group and the National Housing Law Service. Jan has been actively promoting the development of social welfare law and access to legal services for over 25 years. He has chaired the Legal Action Group and the Free Representation Unit. He was an early member of the Housing Law Practitioner's Association (serving for many years on its executive and as Vice Chair). He has been shortlisted for a Human Rights Lawyer of the Year Award and was the Legal Aid Barrister of the Year 2007. CasesHouse of Lords (2006-2008)Doherty v Birmingham CC [2008] UKHL 57
Summary: whether a gypsy can rely on Article 8 ECHR (right to respect for a home) to defend a claim for possession of their plot on a council's gypsy caravan site. Lewisham LBC v Malcolm [2008] UKHL 43
Summary: The leading case on the Disability Discrimination Act 2005, exploring its interface with possession proceedings. M, R (on the application of) v London Borough of Hammersmith and Fulham [2008] UKHL 14
Summary: local authority responsibilities for housing homeless children. Birmingham City Council v Walker [2007] UKHL 22
Summary: whether a son could succeed his late mother to a council tenancy of which she and her late husband had been joint tenants. Riverside Housing Association Ltd v White [2007] UKHL 20
Summary: whether a tenancy agreement providing for rent increases each June could be read as permitting rent increases each April. Kay v London Borough of Lambeth [2006] UKHL 10
Summary: the leading case on Human Rights and Housing Court of Appeal (2007-2008)R(Gilboy) v Liverpool CC [2008] EWCA Civ 751
Summary: Whether the procedures from the review of a decision to recover possession from an introductory tenant were compatible with Article 6 of the ECHR Ehiabor v Royal Borough of Kensington & Chelsea [2008] EWCA Civ 1074
Summary: whether a child born in the UK, who had never left the country, could be a "person from abroad" for the purposes of homelessness legislation. Manchester CC v Moran [2008] EWCA Civ 378
Summary: whether a woman resident in a women's refuge remained "homeless". Floyd v S [2008] EWCA Civ 201
Summary: whether disability discrimination could provide a defence to a claim for possession made on a mandatory ground. Birmingham City Council v Aweys [2008] EWCA Civ 48
Summary: local authority responsibilities for housing homeless families who are presently living in poor accommodation. Greenwood Reversions Ltd v Mehra [2008] EWCA Civ 47
Summary: whether a breach in the term of a lease had been waived and whether (if not) the tenant should have relief from forfeiture. Smith (On behalf of the Gypsy Council) v Evans & Ors [2007] EWCA Civ 1318
Summary: whether a gypsy can rely on Article 8 ECHR (right to respect for a home) to defend a claim for possession of their plot on a council's gypsy caravan site. White v Knowsley Housing Trust [2007] EWCA Civ 404
Summary: whether a possession order ends an assured tenancy on the date stated in it or on the later date of the tenant's actual eviction.
Publications(1) Books
Co-author of Housing Allocation and Homelessness: Law and Practice (Jordans, 2006)
Co-author of Defending Possession Proceedings (6th Edition, LAG, 2006)
Co-author of Homelessness Act 2002: A Special Bulletin (Jordans, 2002)
Housing and The Human Rights Act (Jordans, 2000)
Co-author of Repairs: tenants' rights (LAG, 3rd ed, 1999)
Co-author of Rights Guide for Home Owners (CPAG, 1990)
The Owner Occupier Handbook (Sphere, 1990), and
The Disabled Persons Handbook (Sphere, 1989). (2) Articles Jan writes regularly for the legal and housing press including Legal Action (in which he co-authors the monthly column Recent Developments in Housing Law). TrainingJan not only contributes to the Housing Team Seminar programme in our Chambers but lectures on courses organised by many other training providers. SocietiesMember of the Administrative Law Bar Association, Haldane Society, Housing Law Practitioners' Association, Legal Action Group and the Social Security Law Practitioners' Association. Other activitiesJan has always undertaken voluntary work and is currently a case reviewer for the Bar Pro Bono Unit. He is also the patron of the Croydon Housing Aid Society.
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