PracticeMichael's main area of practice is Housing. He deals with standard County Court actions; s.204 appeals, unlawful evictions, disrepair claims with personal injury elements and Right to Buy decisions. He is a Public Law expert. He appears in judicial review of interim accommodation decisions and allocation decisions. He deals with the interfaces between Housing and Community Care and Asylum Support.
Michael also practises in Land Law and Mental Health. He appeared for an Interested Party at the Victoria Climbie Inquiry. Notable CasesHenley v Bloom [2010] EWCA Civ 202 (with Jan Luba QC) (An earlier possession proceedings had been compromised by consent, refurbishment works were undertaken. A counterclaim for disrepair could have been raised the earlier action but the issue of a new claim did not amount to abuse of process. There was no compulsion to counterclaim because the earlier action did not relate to disrepair and a fair trial was still possible. ) Fahkari v Newman Legal Action June 2010 p35 (damages for disrepair and unlawful eviction. The landlord and sister had constantly texted the tenant and then claimed to the police that he was trying to blow up the property. Damages included £2000 for harassment and £2000 for exemplary damages.) McIntyre v Gentoo Group Ltd [2010] EWHC 5 (Admin) (Admin Court finding that landlord's refusal to consent to a mutual exchange because of rent arrears on an unrelated property was unreasonable, a breach of contract and to that extent a breach of public law. Held that the landlord Gentoo, an RSL, was a public body exercising a public function which was, following Weaver, amenable to judicial review.) Harman v Greenwich LBC Legal Action January 2010 (successful s.204 HA appeal where the LA had failed to give the applicant enough time to make review representation and failed in its 'minded to' letter to explain oral representations could be made.) Lewisham LBC v Litchmore Legal Action December 2009 (successful application to treat replacement tenancy as same as original tenancy so that a disrepair claim could be brought to include period when occupier had been a tolerated trespasser since, inter alia, mesne profits had been charged at same rate as original rent.) Moreno v Hackney LBC Legal Action November 2009 (successful appeal against eligibility finding. The appellant was an EU national who had not been working since 2004 but had only recently been diagnosed with bi-polar affective disorder. The Council held that he was not temporarily unable to work and so was not exercising a treaty right. The Council had erred in law in failing to consider that the absence from work was from illness from which, if properly treated, the appellant could recover from.) Adekunle v Islington LBC Legal Action November 2009 (successful appeal against Council's finding that appellant was intentionally homeless following a deliberate act to sell her house when her finances were stretched but where no mortgage repossession proceedings had been issued. The Council had misdirected itself in assuming the conscious decision to sell, without more, meant that an intentionality finding would follow where there was no realistic alternative.) Brentwood BC v Ball & Others [2009] EWHC 2433 (QB) (Although the Gypsy defendants were living on their land in breach of planning law it would not be proportionate to grant an injunction under s.187B Town and Country Planning Act 1990).
Bristol City Council v Ahmed Legal Action February 2009 (discharge of a s.222 Local Government Act 1972 injunction preventing begging and dismissal of committal proceedings following Birmingham City Council v Shafi [2008] EWCA Civ 1186). London Borough of Greenwich v Ajulo [2008] EWCA Civ 608 (revival of secure tenancy for 'entrenched' tolerated trespasser following Knowsley HA v White [2008] UKHL 70). Ogbeni (R on the application of) v London Borough of Tower Hamlets [2008] EWHC 2444 (Admin) (where a full housing duty is owed to a 16 or 17 year old it is also owed to family members who were residing or would be reasonably expected to reside with the applicant).
Floyd v S (Equality and Human Rights Commission, intervening) [2008] EWCA Civ 201 (with Jan Luba QC) (a court does not need to adjourn possession proceedings brought on mandatory grounds for consideration of a Disability Discrimination Act 1995 defence without sufficient evidence of the alleged disability and its impact on the possession claim. The non-receipt of Housing Benefit does not amount to an exceptional circumstance that warrants adjournment).
Evans v Copping Legal Action January 2008 (unlawful eviction whether residence of landlord's stepdaughter can create excluded tenancy).
Sadiq v Hackney LBC [2007] EWCA Civ 1507 Legal Action April 2008 (applicant homeless as a result of loss of NASS accommodation rather than reason asylum sought in UK).
South Cambridgeshire DC v Gammell (2006) 1 WLR 658 - (when to consider Article 8 rights when granting or continuing a s.187B Town and Country Planning Act 1990 injunction). Ryde v Enfield LBC [2005] EWCA Civ 1281 (breach of Homelessness Review Regulations must cause prejudice).
Ali-Ahmed v Islington LBC [2004] EWCA Civ 128 (discharge of s.193 duty).
R v Haringey LBC ex p Arthurworrey (2002) (when disciplinary proceedings are a fundamental breach of employment).
The Victoria Climbie Inquiry (2001-2) R v Camden LBC ex p Hersi 33 HLR (1999) (family member reapplication after initial s.184 decision). PublicationsEditor of 'Hometruths' the Newsletter of the Housing Law Practitioners Association (HLPA);
Course author and speaker for Central Law Training on Residential Landlord and Tenant Litigation and for The Solicitors Group on Housing Law Professional Memberships- Executive Committee member of HLPA
- Administrative Law Bar Association
Other Activities- Chair of Governors of Lambeth Primary School
- Chair of Trustees of Indonesian Human Rights Campaign
Profile updated July 2010
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