Andrew is a founder member of Arden Chambers who advises and represents both public and private sector clients, including local authorities, private registered providers, registered social landlords, private landlords, leaseholders, tenants and the homeless. He is recommended in both Chambers and Partners and the Legal 500 as a leading junior in social housing law. He is Deputy General Editor of the Housing Law Reports, an editor of Arden & Partington’s Housing Law and a member of the editorial board of the Journal of Housing Law. Andrew also specialises in property cases and is recommended in the Legal 500 as a leading junior in property law. He is a member of the committee of the Property Bar Association (for which he was the treasurer for four years).
Barrister Profile
"He is extremely bright and beautifully analytical"Chambers and Partners
Summary
Areas of Practice
Anti-Social Behaviour
Possession proceedings and Injunctions.
Housing
Homelessness, allocations, tenancy agreements, long leases, shared ownership agreements, possession claims, forfeiture, unlawful eviction, disrepair, statutory nuisance, enforcement of private sector standards, HMOs, licensing, HHSRS, tenancy deposits, service charges (including consultation), leasehold enfranchisement, right to buy, right to manage and acquire, right of first refusal, rents, stock transfer and disposals, housing grants and regulation of social landlords.
Local Government
Powers procedures and vires, housing finance, constitution, regeneration and redevelopment, procurement.
Real Property
Commercial landlord and tenant, business tenancy renewal, construction of leases, forfeiture, restrictive covenants, easements, adverse possession and proprietary estoppel.
Public Law
Judicial review, Equality Act claims, human rights.
ADR
Public Access
Recommendations
Chambers and Partners – Social Housing (band 2)
Legal 500 – Social Housing (band 3)
Legal 500 – Property (band 5)
“Considered an extremely powerful practitioner in technically complex cases. His written advocacy wins particular praise, as does his insight into matters concerning proposed housing schemes and their statutory compliance. He also authors and edits key housing law commentary. Strengths: ‘Extremely good on his feet and hugely robust.’ ‘He is extremely bright and beautifully analytical.’” Chambers and Partners 2017
“Respected housing specialist with an excellent reputation for handling technical disputes between landlords and tenants. He is increasingly noted for providing critical policy advice to social landlords. … Strengths: ‘He’s strong and consistent on a broad range of social housing matters.’ He’s excellent technically, thorough and clear in his advice and very approachable.’ Chambers and Partners 2016
“Technically fantastic” Legal 500 2016
“He provides clear and concise advice on difficult technical areas of law, particularly landlord and tenant matters.” Legal 500 2016
“A star individual who is lauded for his advocacy skills, the quality of his written work and his knowledge of the sector. Identified as ‘phenomenal’, he is a favourite amongst both peers and instructing solicitors”. Chambers and Partners 2015
“He’s great for technical issues and is academically one of the strongest”. Chambers and Partners 2014
“He has excellent skills in court and is fantastic at cross-examination”. Chambers and Partners 2014
“Recognised for his academic and technical strength and cross-examination skills”. Legal 500 2014
“Well known for his superb written work, and feted because ‘he loves to get his nose into something and get to the bottom of problems’. He ‘gives clear and concise advice on difficult, technical areas’.” Chambers and Partners 2013
“… ‘technically excellent’. … ‘he doesn’t sit on the fence, and is invaluable as he often uncovers things that we have missed.’” Chambers and Partners 2012
“He is renowned for having ‘a brain the size of a planet’ so it is not particularly surprising that instructing solicitors turn to him for ‘particularly thorny matters’.” Chambers and Partners 2011
” … has such a broad and detailed knowledge of housing law that ‘he’s never out of his depth’. ‘A barrister who is headed to the very top of his profession’ he offers a combination of ‘flair and professionalism’.” Chambers and Partners 2010
“… ‘excellent drafting skills’ and ‘intellectually rigorous approach to advocacy’.” Chambers and Partners 2009
Noteworthy Cases
R (Edwards) v Birmingham CC [2016] EWHC 173 (Admin); [2016] HLR 11 – homelessness – applications – temporary accommodation – judicial review
Elysian Fields Management Company Ltd v Nixon [2015] UKUT 427 (LC); [2016] L& TR 4 – service charges – construction of lease
Islington LBC v Unite Group Plc [2013] EWHC 508 (Admin); [2013] PTSR 1078; [2013] HLR 33 – HMO licensing – student accommodation
MacGregor v BM Samuels Finance Group Plc [2013] UKUT 471 (LC) – service charges – effect of determination on payability
Rochdale MBC v Dixon [2011] EWCA Civ 1173; [2012] PTSR 1336; [2012] HLR 6 – water charges – local authority powers
Southwark LBC v Leaseholders of Southwark LBC [2011] UKUT 438 (LC) – service charges – QLTAs – dispensation from consultation requirements
Swindon BC v Redpath [2009] EWCA Civ 493; [2009] L&TR 1; [2010] HLR 13 – anti-social behaviour – housing management functions
Kilby v Basildon DC [2007] EWCA Civ 479; [2007] HLR 39 – variation of secure tenancies – local government powers
Lambeth LBC v Bigden [2001] 33 HLR 43, CA – adverse possession
Lambeth LBC v Archangel [2001] 33 HLR 44, CA – adverse possession
Lambeth LBC v Blackburn [2001] 33 HLR 74, CA – adverse possession
R v Islington LBC, ex p Bibi (1996) 29 HLR 498, QBD – intentional homelessness
Westminster CC v Haywood [1998] Ch 377, ChD – ombusman’s powers
Legal Publications
Co-author
Manual of Housing Law (8th & 9th Eds) Sweet and Maxwell (with Andrew Arden QC)
Arden & Partington’s Quiet Enjoyment (5th & 6th Eds), Legal Action Group (with Andrew Arden QC and Martin Partington QC and other members of Chambers)
Leasehold Valuation Tribunals – A Practical Guide, Sweet & Maxwell (with other members of Chambers)
Private Sector Housing – Regulating Conditions, Sweet & Maxwell (with Caroline Hunter)
Westlaw UK Insight – member of Chambers’ team providing the articles on housing topics
Author
Security of Tenure (1st & 2nd Eds), Arden’s Housing Library, Lemos & Crane
Presenting Possession Proceedings, Arden’s Housing Library, Lemos & Crane
Houses in Multiple Occupation, Arden’s Housing Library, Lemos & Crane
Annotations
Current Law Statutes on the Housing and Regeneration Act 2008 (with other members of Chambers)
Current Law Statutes on the Housing Act 2004 (with Caroline Hunter)
Editor
Housing Law Reports (Deputy General Editor), Sweet & Maxwell
Arden & Partington’s Housing Law (an editor), Sweet & Maxwell
Journal of Housing Law (member of editorial board), Sweet & Maxwell
Articles
Andrew has had articles published in the Law Society Gazette, Solicitor’s Journal, Legal Action, Inside Housing, the Journal of Housing Law, the Journal of Local Government Law and Local Government Chronicle. His article Flexible Tenancies and Forfeiture [2014] JHL 4 was cited in Parliament during debates on the Housing and Planning Act 2016.
Memberships
Housing Law Practitioners’ Associations
Social Housing Law Association
Property Bar Association (committee member)
Other
Andrew is a qualified mediator.