Alastair Redpath-Stevens

Call:1998

Introduction & Contact Details

Alastair Redpath-Stevens is a specialist in property and housing law as well as all aspects of administrative, government and environmental work.He has experience in all courts up to and including the Court of Appeal (as junior counsel), in addition to the LVT and Lands Tribunal, the Adjudicator to HM Land Registry  as well as of arbitration and mediation work.

Clients have included public bodies, social landlords, commercial and private companies and individuals including publicly funded and BarDIRECT clients. Alastair has also been appointed a homelessness review officer by one housing authority.
 
Before joining the Bar, Alastair Redpath-Stevens worked in local government and as a director of an information technology company.

PROPERTY & PRIVATE CLIENT

Alastair is a very experienced and capable property and housing lawyer, specialising in many related areas including:
• anti-social behaviour issues (ASBIs and other injunctive relief, ASBOs);
• nuisance cases;
• homelessness and allocations including appeals and challenges by way of JR;
• local authority duties and powers including environmental protection matters and HMOs;
• possession and demotion claims;
• unlawful eviction; and
• disrepair.

Land & Real Property

Alastair advises and represents clients on a broad range of property-related work. Areas of specialisation include:
• boundary disputes and adverse possession;
• restrictive covenants and easements including rights to light;
• injunctions and equitable remedies;
• leasehold enfranchisement; lease extensions and rights of first refusal;
• trust of land claims;
• forfeiture and possession claims, including against trespassers and unlawful sub-tenants;
• tree preservations orders and related issues; and
• dilapidations.

Recent Work

• Lands Tribunal Case (Ascham Homes v All Leaseholders in the LB Waltham Forest (2009)) which conidered the extent of the Tribunal's implied jurisdiction to review its decision to refuse permission to appeal.
• Lands Tribunal case (Bonn v Ayoade (2006)) which dicussed the extent of the LVT's jurisdiction in relation to the defence of equitable set-off and the role of res judicata, transit in rem judicatam and the rule in Henderson v Henderson.
• Ruling by the Adjudicator to HM Land Registry (noted in Hague on Leasehold Enfranchisement) (BCLA Ltd v Demetriou & Katchies (2006)). Discussed the ability of a landlord to accept surrenders of and re-grant leases during the enfranchisement process.

Landlord & Tenant – Commercial

Alastair has developed a history of satisfied clients in this sphere and continues to be well respected as a sound commercial mind. He appears regularly before the leasehold valuation tribunal and the Lands Tribunal as well as the Adjudicator to HM Land Registry. Particular specialities including but not limited to:
• service charge disputes;
• lease variations and management disputes;
• 1954 Act renewals;

Relevant Cases

Westbourne Limited v Mr Kenneth Edward Spink 2008 WL 3819455
Appeared from the appellant in a appeal from a decision of the Leasehold Valuation Tribunal

Landlord & Tenant – Residential

Hardwicke Building has a strong network of talented lawyers in this field. Alastair has excellent experience in all areas of residential landlord and tenant work, including:
• disputes over the nature or status of a tenancy,
• service charges disputes
• disrepairs disputes
• unlawful eviction
• forfeiture and repossession.

Relevant Cases

Medina Housing Association v Case [2002] EWCA Civ 2001; [2003] 1 All ER 1084; [2003] HLR 37
Injunction to restrain breach of tenancy agreement – remains in force only until such time as the tenancy comes to an end (leading authority).

Planning

Alastair is considered a keen mind in what is a complex and swiftly developing area of law. He accepts instructions on all aspects of planning issues and applications from government bodies and private individuals. His experience includes:
• planning inquiries
• judicial review
• environmental assessment
• highway inquiries are an area of particular expertise.

Social Housing

Alastair accepts instruction from registered social landlords, public-sector tenants and also has a wealth of experience advising and representing local authorities and companies exercising public functions.

Trusts of Land

This area of law has long been considered an area for governmental reform and one which most of the public remain uncertain about. For this reason, Alastair’s advisory work as well as his practical work have led to his commendation amongst property law practitioners and clients.

PUBLIC LAW

Allocations & Homelessness

In addition to his work in the judicial review practice area, Alastair’s public law practice comprises statutory homelessness appeals in the county court up to the High Court and appeal courts. He has experience:
• running public law defences to possession actions
• representing both appellants and local authority respondents
• judicial reviews of local authority homelessness and allocation decisions
• statutory homelessness appeals in the county court
• unlawful eviction and harassment claims

Recent Cases

R. (on the application of W) v Sheffield City Council [2005] EWHC 720 (Admin)
Represented the claimant, a man with learning difficulties and mental health disability, and his application for housing.

Stewart v Lambeth LBC [2002] EWCA Civ 753; [2002] HLR 40.
A case concerning so called ‘intentional homelessness’ and establishing that imprisonment is not settled accommodation and as such will not break the chain of causation.

Benefits & Social Welfare

Alastair accepts a wide range of instructions from different clients in this sphere. He has established a reputation for academic excellence and achieving success in what can appear to be a difficult subject area.

Relevant Cases

R. (on the application of W) v Sheffield City Council [2005] EWHC 720 (Admin)
Represented the claimant, a man with learning difficulties and mental health disability, and his application for housing.

Central & Local Government

This naturally overlaps with Alastairs work in Judicial Review, Allocations and Social Welfare. He accepts instructions not only from local authorities but also companies exercising public functions and private individuals.

Judicial Review

Alastair has developed a strong judicial review practice since joining Hardwicke Building and acts in concert with other highly skilled practitioners. His practice focuses on the review of local authority homelessness and allocations decisions. Alastair acts on behalf of applicants and respondent local authorities. His practice focuses on the review of local authority decisions regarding social welfare, benefits and applicants who have suffered discrimination.

ACADEMIC

Alastair contributes regularly to a number of legal publications, and is in demand as a conference speaker at both local and national conferences including
• Hawksmere conferences
• Professional Conferences
• CLT Conferences
• LGA
• CIH

Formerly co-author and editor of Arden & Partington’s Housing Law (Sweet & Maxwell), Alastair was also a contributor to Housing Law: Pleadings in Practice (Sweet & Maxwell, 2nd edition 2003), and has contributed articles to the Solicitors Journal, New Law Journal, LAG and the Journal of Housing Law.

Alastair has also been a contributor to Legal Network Television, a visiting lecturer at South Bank University and Chairman and Director of two housing charities.

ARTICLES

Housing Law
• Possession Orders – a Delphic Warning
• Getting in the Rent
• A Matter of Protocol
• Defending nuisance possession claims

Possession Claims: Ground 8 and the Power to Adjourn: NLJ, February 2005

Housing Law Update: Solicitors Journal, March 2005, 149/11

Crossing the Threshold, Solicitors Journal, 1510 SJ 16.12.05