Profile

• BSc (Dunelm)
• LLB (Nottingham)
• Called to the Bar 1996, Gray's Inn
• Member of SHLA

Adrian specialises in property law. His principal areas of practice are housing and landlord and tenant. He acts for clients at all levels of court and tribunal. In addition, Adrian frequently acts for local authorities in cases involving public interest immunity.

LANDLORD AND TENANT: Acting for landlords and tenants, Adrian's practice encompasses both commercial and residential work, including:

• Forfeiture
• Possession proceedings
• Business lease renewals and Part II of the Landlord and Tenant Act 1954
• Disrepair and dilapidations
• Mobile Homes
• Agricultural tenancies
• Leasehold enfranchisement

HOUSING: Adrian has considerable experience in representing local authorities, housing associations, registered social landlords and tenants in all areas of housing law, including cases involving:

• Homelessness and Part VII Housing Act 1996
• Allocations and Part VI Housing Act 1996
• Judicial review
• Possession proceedings
• Succession
• Anti-social behaviour orders and injunctions
• Houses in multiple occupation
• Statutory regulation

WHAT OTHERS SAY:

"Highly recommended; prepares thoroughly, approachable, good with lay clients and gets results"

                                                                                  (Local Authority Solicitor)

"Adrian's written work is excellent, comprehensive yet precise. His analytical and strategic skills are admirable. Over the last 6 years, I have had the opportunity to regularly observe Adrian in court. Always thoroughly prepared, on each occasion he has advocated fluently, confidently and persuasively. Judges respond positively to his submissions. Together, we have maintained a very high success rate...100%"

                                                                                   (Local Authority Solicitor)

PUBLICATIONS:

Adrian is a co-author of the fifth edition of Butterworths Claims to the Possession of Land, a highly successful, loose-leaf work of landlord and tenant law, of which The Conveyancer says:

"...for its combination of scholarship and practicality in an area which is more minefield than lush meadow, this book serves as a model..."

In addition, Adrian is a co-founder and co-editor of chambers Housing e-bulletin, a free, quarterly email publication of legal developments sent to local authorities, registered social landlords and solicitors nationwide. To view the current and historic e-bulletins please see the 'News' section.

Adrian is also a regular contributor to Chambers seminar programme and lectures frequently to members of the West London Alliance.

NOTABLE CASES:

• LB Brent v Janjooa 27th November 2009, Willesden CC. In order to increase the size of his garden and to construct an extension to his house, the Defendant wrongfully excavated the entire slope of an adjacent embankment owed by the Claimant. To prevent the sudden collapse of the unsupported highway situated at the top of the embankment, the Claimant re-instated the slope as an emergency measure. The Claimant subsequently sued the Defendant for the costs of re-instating the slope. The Defendant counterclaimed for diminution in value of his property. Adrian appeared for the Claimant. The Defendant was ordered to pay the costs of re-instating the slope and most of the interest which had accrued since; his counterclaim did not succeed.
• LB Tower Hamlets v Persons Unknown 9th & 10th September 2009, Bow CC. As part of a large scale regeneration project, the Claimant had decanted its previous tenants from various blocks of flats in Cottal Street in preparation for their demolition. However, prior to demolition, approximately 400-500 squatters had taken up residence in the 96 flats which made up one particular block. The squatters were well organised, having prepared detailed defences, appointed spokesmen and created a website. Over the course of 2 days, the trial judge gave the Claimant possession of each of the 96 flats, dismissing the defences of the squatters, which included procedural, domestic law and Human Rights arguments. Adrian appeared for the Claimant.
• De Winter Heald v Brent LBC, 12th & 13th January 2009, Willesden CC: the central issue in this case was whether it is lawful for local authorities to contract out to third parties the making of their Housing Act 1996 review decisions, pursuant to the Local Authorities (Contracting Out of Allocation of Housing and Homelessness Functions) Order 1996 (SI 1996 No. 3205). Adrian, acting for Brent LBC, was successful in persuading the Court to rule that it is lawful for local authorities to contract out the making of review decisions to a third party. Ms De Winter Heald is currently considering an appeal to the Court of Appeal.
• Bekhor v Barry, 14th November 2008, West London CC: Adrian successfully argued that s.252 of the Insolvency Act 1986 did not apply where Ms Barry's former tenancy at will had already been determined, and therefore she had no asset upon which that section could bite. In the circumstances, the Judge refused Ms Barry's application to suspend the warrant of possession.
• Camden LBC v (1) The Personal Representatives of John Rable and (2) Paul Rable, 2nd June 2008, Central London Trial Centre: In a claim to succeed to his late father's secure tenancy under s.87 Housing Act 1985, the Second Claimant produced a number of live witnesses to show that he had in fact lived with the deceased throughout the period of 12 months prior to his father's death. Armed only with the Second Claimant's bank accounts for the relevant period, his application to the DWP and his cross-examination of the live witnesses, Adrian was able to persuade the Judge to prefer the limited documentary evidence over that of the live witnesses and so to refuse to allow the Second Claimant to succeed to the tenancy.
• R (on the application of Zehour Chelfat) v The London Borough of Tower Hamlets [2006] EWHC 303 (Admin) - Failure by the local authority to hold a review of a decision to terminate an introductory tenancy by the issue of possession proceedings within the time limit prescribed by the Housing Act 1996 s.129 was not fatal to those proceedings where the parties had expressly agreed that a review could occur after the proceedings had commenced.
• The London Borough of Tower Hamlets v (1) Basil Bharat Chavda (2) Dulcie Druscilla Joseph (3) Cindy Joseph Chavda and Others [2005] EWHC 2183 (QB) - The local authority was entitled to recover damages against the first and second defendants who had intended to injure the authority by imposing upon it a liability in respect of accommodation for asylum seekers that, but for their actions, it would not have been undertaken.
• Donoghue v Poplar Housing & Regeneration Community Association Limited and the Secretary of State for the Environment, Transport and the Regions (Interested Party) (2002) QBD 48, (2001) 3 WLR 183, (2001) 4 All ER 604, (2001) 2 FLR 284, (2001) UKHRR 693 - The Court of Appeal held that (1) the respondent housing association was a public authority for the purposes of the Human Rights Act 1998; and (2) notwithstanding its mandatory terms, the summary possession procedure contained in s.21(4) Housing Act 1988 did not conflict with the appellant's right to respect for a family life under Article 8 of the European Convention on Human Rights.
  

MEMBERSHIP:

• SHLA

ACADEMIC QUALIFICATIONS:

• LLB (Nottingham)
• BSc (Dunelm) Chemistry

If you would like any further information regarding Adrian Davis's practice, please contact his clerks or call +44 (0)207 405 6114.