Andrew Lane

Call:1999

Introduction and Contact details

"...a polished performer who is extremely persuasive on his feet." - Chambers UK

Prior to coming to the Bar in 1999 Andy was working in the voluntary and statutory sectors in the area of debt, benefits and housing advice. He was also a local authority councillor for four years in the 1990s and for part of this period was chair of the Housing Committee.

At the Bar, Andy has quickly established himself in the social housing field in particular, being ranked consistently in Chambers UK as one of the leading juniors in this field. He has significant experience in the areas of homelessness (including county court appeals and judicial review claims), Part VI allocations, nuisance actions (possession and injunction work, as well as ASBOs), disrepair claims, unlawful eviction complaints and landlord and tenant work generally.

He has also worked in the wider property area, including trusts of land and inheritance claims, as well as in the community care and social security benefits fields.

Andy therefore advises and represents clients (including through direct access) in both the public and private sectors, landlords and tenants, local authorities and homeless applicants. He also has significant training and seminar experience both prior to coming to the Bar and since being called, including for CLT and the Chartered Institute of Housing.

Tel:    020 7242 2523 (switchboard)
ddi:    020 7691 0299
Fax:   020 7691 1234

Email: andrew.lane@hardwicke.co.uk

Social Housing

Andy is well-established and regarded in the Social Housing area of practice, acting for both landlord and tenants in possession, injunction and anti-social behaviour claims as well as general policy and tenancy work for registered providers. He is referred to in Chambers UK (2009) as a leading junior in the Social Housing Field and is said to be a “polished performer who is extremely persuasive on his feet”. He is instructed by many of the leading solicitor firms in this field and is a regular speaker at CLT, Social Housing Landlords Association and other conferences and seminars, as well as being a member of the Chartered Institute of Housing.

Recent work:

• Advising registered provider on tenancy agreement terms in relation to non-statutory succession and starter tenancy provisions.
• Acting for a registered provider in consolidated injunction/possession claims against a tenant who refused to clear rubbish from demised premises and neighbouring areas
• An action seeking possession of property supplied on licence by registered provider as a temporary decant
• Acting for a previously non-secure tenant in a possession action after a stock transfer to a registered provider
• Speaking at client seminar on Public Law and Human Rights Act defences and issues for registered providers
• Drafting Reply to, and advising on, Public Law defence in a mandatory possession claim
• Acting for registered provider in without notice exclusion order ASBI case
• Advising on child tenancy issues in light of recent Court of Appeal authority

Cases:

Cardiff City Council-v-Stone [2003] HLR 47 – introductory tenancy and question of need for 2nd review

Wright -v- Croydon LBC [2007] EWHC (QC) [2007] All ER (D) 95 (Dec), 6.12.07 - appeal against refusal to stay warrant for possession; this decision was appealed by the landlord to the Court of Appeal, where the matter was adjourned pending the decision of the House of Lords in LB of Lewisham-v-Malcolm and thereafter, as a result of that decision, the appeal was not opposed.

The Mayor & Burgesses of the London Borough of Ealing-v-Mrs Khadra Osman Jama [2008] B5/2008/0104 - appeal against the making of an outright possession order (nuisance grounds)

Poplar Housing and Regeneration Community Housing Association Ltd v Stephen Howe [2010] EWHC 1745 (QB) - permission to appeal from the Recorder's decision to make a possession order refused.  She had been entitled to reject the gateway (a) and gateway (b) defences - the tenancy had been terminated by way of a joint tenant's notice to quit and offers of alternative accommodation made and rejected

Allocation & Homelessness

Since coming to the Bar, and indeed before that time when a local authority councillor, Andy has worked significantly in the areas of allocations and homelessness for local authorities and applicants, including claims in the Administrative Court and appeals in the county court. He is a member of the Administrative Law Bar Association and has a particular interest in the area of local authority allocation policies and homelessness duties.

Recent work:

• Advised on challenge to lawfulness of application of an authority’s allocation policy
• Wrote and delivered training to local authority on section 190 duty
• Settled judicial review challenge to local authority’s application of its homelessness duties
• Drafted grounds of appeal on narrow point in homelessness matter
• Represented local authority in homelessness appeal at county court

Benefits & Social Welfare

Andy has been involved in the benefits and social welfare fields since leaving university in 1983, both in the voluntary and statutory sectors. He has retained that interest whilst at the Bar and acted for both local authorities and claimants in these areas.

Recent work:

• Advised local authority on discretionary housing payments decision
• Provided advice on eligibility of housing benefit and drafted relevant letters
• Advised on eligibility of asylum seekers to financial assistance

Cases:

R (Ms Natasha Gargett)-v-The Mayor & Burgesses of the London Borough of Lambeth [2008] EWCA Civ 1450 - in considering an application for a discretionary housing payment, the local authority erred in holding that the appellant could not make a claim in respect of a past period whilst she was in receipt of full housing benefit. The appellant conceded that the limitations imposed by the regulations applied to a lump sum payment of a DHP and also that it could only be used to meet a shortfall between the housing benefit award and eligible rent. Appeal allowed and the local authority required to reconsider the application.

Landlord & Tenant Residential

Andy has been involved in the residential landlord and tenant field since he started in practice at the Bar. This has centred especially in possession, disrepair and dilapidations, unlawful eviction and service charges disputes, where instructions have been received from local authorities, private landlords and tenants, and registered providers (including under the direct access scheme). He has also lectured extensively in the area of disrepair, both in-house and at conferences. This practice area has proved to be a growing part of Andy’s practice.

Recent work:

• Advising a residents association and representing at a rent assessment committee in a claim for recognition under the Landlord & Tenant Act 1985
• Preparing submissions to the Leasehold Valuation Tribunal on the question of issue estoppel and abuse of process
• Negotiating appropriate damages in a long lease breach of covenant damages claim
• Successfully defending a “landlord” in an unlawful eviction action brought by the former occupier

Cases:

Oakfern Properties Ltd-v-Desmond Ruddy [2006] EWCA Civ 1389 (2007) 3 WLR 524 - meaning of "dwelling" for service charge purposes, and limitation on access to LVTs.

Trusts of Land

Andy has received many instructions in cases concerning the claim for a beneficial interest in property (including in relation to a trustee in bankruptcy) and has also advised on the validity of deeds of trust and related documents.

Recent work:

• Representation before the Adjudicator in opposition to the imposition of a restriction
• Advising clients on a claim by their brother to a share in property originally being in the joint names of their late parents
• Drafting proceedings and advising in claim for a share in property under the control of the trustee in bankruptcy
• Acting for client in claim for beneficial interest in brother’s property and following interim determination advising as to share of interest and occupation rent
• Settling claim for beneficial interest in complicated claim concerning abuse of process arguments following earlier findings in the family courts

Cases:

Kubiangha & Anor-v-Ekpenyong & Anor (2002) 2 BCLC 597 – transfer of property to avoid enforcement

Community Care

Perhaps inevitably given his work in the homelessness, social welfare and social housing fields, Andy has recently developed a practice in the wider field of community care, in particular the question of care packages and service provision.

Recent work:

• Representing claimant (MS) in judicial review claim concerning reduced community care provision
• Advising on delay in wheelchair provision
• Advising on the availability of social services support and inter-related housing duties

Inheritance & Probate

Through his social welfare work in the public funding sector, Andy has dealt with claims under the Inheritance (Provision for Family and Dependants) Act 1975 and is interested in developing his work further in the inheritance and probate field.

Recent work:

• Advising client on, and settling, claim of deceased husband’s daughters on their father’s estate
• Representing adult children at 1975 Act hearing brought by their late father’s daughter through the Official Solicitor

Land & Real Property

As part of his wider Property practice, Andy has advised and represented in matters concerning land registration (notices and restrictions), as well as on issues of misrepresentation and undue influence.

Recent cases:

Advising on availability of a restriction or notice in unlawful eviction case • Seeking removal of restriction and advising on issues of undue influence, duress and unconscionable bargain • Representing client in successful claim to set aside deed of trust and TR1 on grounds of undue influence and unconscionable bargain

Centre & Local Government

For 4 years in the early 1990s Andy was a local authority councillor, including a period of time as chair of the Housing Committee. His understanding of local authorities has assisted him in his work in this area, and he has worked specifically in the council tax field, including appeals from the Valuation Tribunal

Recent work:

• Advising in a judicial review claim concerning the imposition of a liability order
• Drafting an Acknowledgement of Service, leading to the refusal of permission in a judicial review claim
• Advising on appeal concerning question of council tax discounts
• Representing local authority in claim for council tax refund

Cases:

R-v-The Mayor & Burgesses of the London Borough of Lambeth, ex p Muazu Usman [2005] EWHC 2974 (Admin) – appeal from Valuation Tribunal as to liability for council tax

Court of Protection & Mental Capacity

Andrew is able to provide advice and representation in respect of all mental capacity and Court of Protection issues.  He is well-versed in the provisions of the various mental health and capacity Acts and offers experience of handling cases involving the Official Solicitor and other litigation friends.   He is regularly instructed in cases involving parties, who lack the capacity to administer their affairs or to conduct litigation because of mental health problems.