Barrister Profile  

Stephanie Lovegrove (née Smith) Call: 2004
  • Anti-Social Behaviour
  • Housing
  • Local Government
  • Public Access
  • Public Law
  • Real Property
"Her preparation, understanding and the way she conducts hearings are fantastic"
Chambers and Partners

Summary

Stephanie read for a BA in Jurisprudence at Oxford University and joined Chambers in 2006 after completing her pupillage. She represents and advises on all aspects of housing, commercial landlord and tenant and property law, appearing in the Court of Appeal, High Court, Upper Tribunal (Lands Chamber), First-tier Tribunal (Property Chamber) and the County Court.

She was an Assistant Deputy Editor of the Encyclopaedia of Housing Law from 2008 until 2012.  In 2013 she attended a round-table meeting with the Minister for Housing and Sir Peter Bottomley MP in relation to proposed leasehold reform. She is recommended in Chambers and Partners for Social Housing where she is described as a “great all-rounder” who “demonstrates prowess across all areas of landlord and tenant law, including residential and commercial possession matters”.

She provides training on leasehold and property disputes, anti-social behaviour, homelessness, judicial review and possession proceedings.

Areas of Practice

Anti-Social Behaviour

Early in her career, Stephanie was periodically seconded to a large local authority to advise and represent on all aspects of anti-social behaviour. She regularly acts for local authorities in relation to obtaining and enforcing injunctions preventing nuisance and annoyance and possession proceedings. She has expertise in the new legislative scheme under the Anti-Social Behaviour, Crime and Policing Act 2014 and can provide training on the new powers available to local authorities and the police.

Housing

Stephanie has experience in all aspects of housing, including leasehold disputes (construction of covenant, service charge recovery, appointment of managers, enfranchisement, right to manage, lease extensions), possession proceedings, the right to buy, shared ownership, housing fraud, disrepair/dilapidations and unlawful eviction/harassment.

Stephanie regularly appears in the First-tier Tribunal (Property Chamber) in respect of residential leasehold matters.  In 2011, she was nominated for the Bar Pro Bono Award, primarily for her work on Oaklands Court Worthing Residents Association v Oaklands Court Pension Fund (CHI/45UH/LIS/2011/0031).

Local Government

Stephanie routinely represents and advises both local authorities and applicants in homelessness matters including s.204 appeals and applications to the High Court for judicial review of refusals to accept applications and provide accommodation under ss.188(1) and (3).

Stephanie also has experience of prosecuting breach of bye-laws, successfully appearing in the Crown Court on appeal and coroner’s inquests (particularly death arising from carbon-monoxide poisoning).

Real Property

Stephanie has also advised and represented local authorities and private individuals in cases concerning disputes over freehold and leasehold land (both residential and commercial) as well as adverse possession and encroachment.

She acts in cases concerning inheritance disputes, trusts of the family home, the Party Walls etc. Act 1996 and other boundary disputes.

Public Law

Stephanie’s practice regularly involves public law issues. Her recent appearances in the Court of Appeal in Wilson and Haque (see below) concerned the interrelationship between the public-sector equality duty under s.149, Equality Act 2010 (in the context of disability) and local authority homelessness functions.  She has acted for both local authorities and tenants in possession proceedings raising equality and human rights defences.

Public Access

Noteworthy Cases

Croydon LBC v Campbell C1/2016/1187 (Court of Appeal, permission pending 2017) – costs of interim relief on judicial review

Hillingdon LBC v Petty B5/2016/3103 (Court of Appeal, permission pending, 2017) – intentional homelessness

Dove & Dove v Haringey LBC [2017] EWCA Civ 156; [2017] HLR 19 – only or principal home and issue estoppel

Hackney LBC v Haque [2017] EWCA Civ 4 – disability, public sector equality duty and suitable temporary hostel accommodation

Waltham Forest LBC v Tonner (LON/00BH/LSE/2016/0134) – validity of s.20B(2) notification, consultation

Birmingham CC v Wilson [2016] EWCA Civ 1137 – decision concerning disability not irrational

Abdulrahman v Hillingdon LBC [2016] EWHC 2647 (Admin) – judicial review of a local authority refusal to accept a fresh homelessness application

R (Communities United Party) v Newham LBC [2013] EWHC 2809 (Admin) – totally without merit application for judicial review and civil restraint order

R (AT, AG, HG) v Islington LBC [2013] EWHC 107 (Admin) – judicial review of local authority housing allocation scheme

Islington LBC v Salter & Ors (LON/00AU/LSC/2013/0426) – pre-emptive application as to the reasonableness of replacing a communal heating system

Harris & Ors v Balal Ali (MAN/00CK/LAM/2013/0013) – appointment of a manager

Maswaku v City of Westminster [2012] EWCA Civ 669; [2012] HLR 37 – notification requirements for cessation of housing duty

El Goure v City of Westminster [2012] EWCA Civ 670; [2012] HLR 36 – notification requirements for cessation of housing duty

Colombia House Properties (No.3) Ltd v Imperial Hall RTM Co Ltd (LON/00AU/LCP/2012/0003) – application for costs under s.88 CLRA 2002 (successfully appealed)

Gravesande & Ors v Longmint Ltd (LON/00AH/LSC/2011/0209) – reasonableness of service charges and reductions for disrepair

Various Leaseholders v Ramvel Ltd (LON/00BE/LSC/2011/0339) – whether a contract was a QLTA for the purposes of consultation, reasonableness of service charges

Oaklands Court Worthing Residents Association v Oaklands Court Pension Fund (CHI/45UH/LIS/2011/0031) – limitation periods and construction of service charge covenants

Makisi v Birmingham City Council; Yosief v Birmingham City Council; Nagi v Birmingham City Council [2011] EWCA Civ 355 – procedural fairness and the requirement for a face-to-face oral hearing

Subramaniam v Stadium Housing Association, 29 August 2008 – reasonableness of service charges, unfair terms and apparent bias

Recommendations

“Regularly instructed on behalf of local authorities and is well respected for her adroit handling of complex leasehold disputes. She demonstrates prowess across all areas of landlord and tenant law, including residential and commercial possession matters and homelessness appeals.” – Chambers & Partners 2017

“Great all-rounder, she’ll pick up anything and do a very good job with it.” – Chambers and Partners 2017

“Absolutely excellent: clients and solicitors love her alike.” – Chambers and Partners 2017

“Her preparation, understanding and the way she conducts hearings are fantastic” – Chambers and Partners 2016

“She’s very sharp, picks up the important issues quickly and produces a robust cross-examination” – Chambers and Partners 2016

“She is an expert in homelessness, possession and tenancy fraud cases” – Chambers and Partners 2015

“She will find a way, as she knows the weaknesses in the opponent’s case and works on them” – Chambers and Partners 2015

“She thinks quickly on her feet” – Chambers and Partners 2015

Nominated for the Bar Pro Bono Award, 2012

“Stephanie worked tirelessly on our behalf over several months and put in some very long days, at times emailing us as late as 10pm after appearing in court all day. I felt she really cared about our case and persisted in the face of repeated claims by the landlord for dismissal of the application as an abuse of process…” – Oakland Court Worthing Residents’ Association, 2012

“I praise and give thanks for the extra special effort devoted by Counsel to achieve the result announced in the Tribunal’s decision.  Her time and dedication have exceeded the norm.” – Sir Peter Bottomley MP, 2012

Legal Publications

Author/co-author/contributor

UKSC Blog

Annotations

Localism Act 2010

Editor

Editorial board of the Encyclopaedia of Housing Law 2008-2012

Articles

“BCC v Aweys: A wolf in sheep’s clothing?”, JHL 2008 Vol.11, Issue 4

“Enforcement of Anti-social Behaviour Injunctions (Part 1)”, JHL 2009 Vol.12, Issue 1

“Enforcement of Anti-social Behaviour Injunctions (Part 2)”, JHL 2009 Vol.12, Issue 2

“Newport CC v Charles: He Who Lives by the Sword…..”, JHL 2009 Vol. 12, Issue 3

“An overview of the housing benefit scheme: Part 1”, JHL 2012 Vol.15, Issue 1

“An overview of the housing benefit scheme: Part 2”, JHL 2012 Vol.15, Issue 2

“Cardiff CC v Lee (Flowers) [2016] EWCA Civ 1034 – What a relief?”, JHL 2017 Vol.20, Issue 1

“A bridge too far: the role of the public sector equality duty in homelessness cases”, JHL 2017 Vol.20, Issue 2

Memberships

  • Housing Law Practitioners’ Association
  • Property Bar Association
  • Social Housing Law Association

Other

Stephanie is a member of Chambers’ Management Committee and an Equality and Diversity Officer.