Regulatory
Arden Chambers is well-known for its regulatory work in both the courts and tribunals, in both England and Wales.
The regulation of the private rental sector is currently receiving legislative attention in both England and Wales and we are particularly well placed to help clients with the new arrangements.
We already have extensive experience of advising and representing clients in relation to private sector housing enforcement, including housing conditions (HHSRS) (Housing Act 20014, Pt 1), mandatory, additional and selective licensing of private rental sector accommodation (2004 Act, Pts 2 and 3), prosecuting and defending criminal proceedings on these issues, and other matters such as
- management orders
- rent repayment orders
- tenancy deposits
- social housing fraud.
Recent cases involving members of chambers include:
- Hyndburn BC v Brown [2015] UKUT 489 (LC) (scope of a local authority’s power to impose licence conditions, permission to appeal to CA now granted);
- R (Croydon Property Forum) v Croydon LBC [2015] EWHC 2403 (Admin); [2015] LLR 812;
- R (Rotherham Action Group) v Rotherham MBC [2015] EWHC 1216 (Admin); [2015] PTSR 1312; [2015] HLR 34
- R (East Midlands Property Owners Ltd) v Nottingham CC [2015] EWHC 747 (Admin);
- R (Regas) v Enfield LBC [2015] EWHC 4173 (Admin); [2015] HLR 14;
- R (Peat) v Hyndburn BC [2011] EWHC 1739 (Admin) (challenges to local authority licensing schemes);
- Hastings BC v Braear Developments Ltd [2015] UKUT 145 (LC) (who is proper recipient of improvement notice).
Members are also experienced in acting for and advising local and other public authorities (including health and transport bodies) on public and environmental health including under the Environmental Protection Act 1990, Pt 2 (waste collection and disposal) and Pt 3 (statutory nuisance) and the Public Health (Control of Disease) Act 1984, Pt 2A.
We are also regularly instructed in planning enforcement, local authority ethical standards cases, public space protection orders, and on the full range of local authority regulatory issues.
Our experience and range in civil injunction and anti-social behaviour work, which is well-known, is described in more detail here.
In addition to representing clients in relation to specific cases, we regularly also advise local and other public authorities, landlords, tenants and other individuals, as to regulatory policies, strategies, schemes and their effect.
