Marina specialises in all aspects of social housing law. She has extensive experience in nuisance possession proceedings, section 204 homelessness appeals, unlawful eviction and harassment claims, disrepair claims, judicial review, human rights, public law defences, disability discrimination and ASBO in the civil courts.
In particular, Marina has extensive experience of cases involving vulnerable occupiers and victims of domestic abuse and is instructed on cases involving occupiers with mental health problems and are represented by the Official Solicitor.
Marina is Co-Chair of the Housing Law Practitioners Association, along with Simon Mullings. During their tenure, HLPA intervened in Arkin v Marshall [2020] EWCA Civ 620, was part of the Working Group on possession claims and have given evidence to the APPG on Legal Aid, amongst much more.
She regularly speaks at housing law conferences, most recently on housing and domestic abuse at the Legal Action Group conference and has written for Legal Action Magazine.
Marina was a lecturer in housing law at London South Bank University and is a contributor to Housing Law Handbook: A Practical Guide (2nd edition).
Marina is a founder member and trustee of The Vicky Sergides Foundation, a stomach cancer charity.
Social Housing Law
Overview
Marina specialises in all aspects of social housing law. She has extensive experience in nuisance possession proceedings, s204 homelessness appeals, unlawful eviction and harassment claims, disrepair claims, judicial reviews, human rights, public law defences, disability discrimination and crossover ASBO proceedings in the magistrates and county courts. In particular, Marina works in cases involving tenants with mental health problems, where capacity has been in issue, and where the Official Solicitor has been instructed. Marina has represented tenants before the Social Security Tribunal and before the Social Security Commissioner.
Marina sits on the Housing Law Practitioners Association conference steering group.
Marina is a founder member and Trustee of The Vicky Sergides Foundation, a stomach cancer charity.
Notable Cases
Aslam v Ali, 10 June 2009, LAG December 2009
Mr Aslam lived with his wife and eight children in a four bedroom house that suffered from substantial disrepair. The Court awarded damages at 50% of the rental value for the period 2003 to 2006 and at 33.3% of the rental value for the period 2006 to 2009.
Gargett, R (on the application of) v London Borough of Lambeth [2008] EWHC 663 (Admin)
The Court considered whether a claimant can be entitled to a discretionary housing payment if they are in receipt of maximum housing benefit and council tax benefit.
Gargett, R (on the application of) v London Borough of Lambeth [2008] EWCA Civ
Gargett, R (on the application of) v London Borough of Lambeth [2008] EWHC 663
Ferguson v Jones, Birmingham County Court, Legal Action December 2008
Damages for disrepair were awarded at £2700 p.a. pursuant to s.11 of the Landlord and Tenant Act 1985.
UKSSCSC CH_318_2005
Successful in arguing that a narrow boat with no permanent mooring was held to be within the meaning of "dwelling".
[2005] UKSSCSC CH_318_2005 (10 June 2005)
R v London Borough of Southwark
Ogunlowo, Camberwell Magistrate Court, Legal Action December 2004
[2004] UKSSCSC CH_4574_2003
The case considered whether there was a breach of Article 14 when read in conjunction with either article 8 or Article 1 of Protocol 1 in the provision of housing benefit for those residing in bail hostels. The Commissioner held that there was.
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Inquests and Inquiries
Overview
Marina has also represented bereaved families in inquests arising from deaths at work, whilst in the care of the state and where health and safety regulations have been breached.
In 2010, Marina acted on behalf of the family of Darwin Kealey at the inquest into his death at HMP Wormwood Scrubs. There were eight interested parties at the inquest, which heard evidence about a catalogue of systemic failures by the police, Serco and the Prison Service. The jury returned a narrative verdict, identifying a range of missed opportunities and failures that occurred during his detention.
Notable Cases
Inquest touching upon the death of Billy Coulson, 15 April 2011
HMP Chelmsford were criticised over the death of a teenager remand prisoner. Eighteen-year-old Billy Coulson hanged himself in his cell at the prison in September 2008. The prison failed to recognise his suicide risk.
Inquest touching upon the death of James Connolly, 25 January 2011
Death of a vulnerable 23-year-old man with mental health problems and who was being treated in the heathcare wing.
Inquest touching upon the death of Kirpal Rahel, 22 July 2010
Death in a secure mental health institution as a result of inappropriate administration of Olanzapine.
Inquest into the death of Stewart Klincke, June 2008
Stewart Klincke, 55, died after being overcome by carbon dioxide fumes in a room at the Scottish Courage brewery, on January 22, 2006. The Jury gave a narrative verdict, finding that Mr Klincke would not have died if the valve was in its original state.
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Mediation
Marina is an accredited mediator. Praised for her ability to address issues with clear and calm approach, Marina is an effective mediator. Further details can be found on the Garden Court Chambers Mediation website.