Property and Social Housing
Wesley built up over two years’ experience representing private and social landlords in possession hearings as a solicitor’s agent.
Wesley has many years of experience assisting Private and Social Landlords in possession matters at first hearings, case managements and trials. He often deals with complex cases involving Equality Act and Human Rights Act proportionality considerations as well as serious ongoing anti-social behaviour. He has experience with housing fraud matters and issues surrounding the succession of secure and assured tenancies. He represents a Ministry of Justice-approved Bail Hostel provider in their excluded licence possession claims.
Wesley also has a busy paperwork practice drafting court pleadings on behalf of Councils and Social Landlords. He also provides oral and written advice on complex possession issues and regularly contributes to Chambers’ blog on housing law updates.
Civil injunctions & Committal Applications
Wesley regularly attends applications for civil injunctions, including final contested hearings. He provides advice on the terms of injunctions, issues surrounding the tenant’s mental capacity, and interlinked possession proceedings.
Wesley frequently represents Councils and Social Landlords at committal hearings from first appearance to contested breach trials. He had an in-depth understanding of the complex procedural requirements for committal proceedings and is an experienced trial advocate.
Disrepair & Fitness for Human Habitation
Wesley has a busy disrepair practice attending fast-track disrepair trials on behalf of Councils. This often involves issues of significant complexity including sustained water penetration with multiple expert reports, vulnerable tenants, and issues surrounding notice and access to undertake works.
Wesley has a busy paperwork practice including drafting pleadings, advising on liability and quantum, and considering issues of legal costs including Part 36 Offers. He has also considered the interlinked obligations of the intermediate and superior landlord, and drafted Part 20 additional claims against Freeholders.
Wesley provides training on behalf of Councils and Social Landlords on the law surrounding disrepair and fitness for human habitation claims.
S v B – Successfully secured outright possession for the Council after a 1-day trial before a Circuit Judge, on the basis of the Defendant’s repeated anti-social and criminal behaviour.
W v H – Relief from sanctions obtained. Obtained relief from sanctions on behalf of the local authority and brought the claim back on track, after it had been struck out due to non-payment of court fees.
N v H – Successfully secured a possession order after legal argument. Secured possession after successfully countering the duty advisor’s submissions that the agreement was a tenancy rather than a licence, the notice to quit was defective and it had not been properly served. Secured possession in 14 days despite the Defendant seeking 42 days to vacate.
B v T – Defendant remanded in custody in committal proceedings during the adjournment to obtain legal advice. This provided peace of mind for his elderly neighbour whom he had threatened and at the adjourned hearing (with legal representation) the Defendant ultimately surrendered his tenancy and an exclusion order was granted preventing him from entering the area.
B v B – Defendant remanded in custody for multiple proven breaches of civil injunction following contested breach trial with numerous witnesses called by the Council.
E v M – Persuaded the Judge to strike out the tenant’s claim for disrepair. The Court had previously provided directions for trial despite the tenant’s own expert evidence not supporting any claim for disrepair. With reference to the law and the landlord’s updated expert report the Judge was persuaded to strike out the claim.