Emma Godfrey

Called 1995

MA (Mathematics) (Oxon)
Dip Law (with Distinction)

Main Areas of Practice

Housing
Property
Public Law and Local Government

Professional Memberships

Social Housing Law Association

Administrative Law Bar Association

Profile

Emma is a civil and public law practitioner with particular specialisms in housing, property and local government law. She undertakes advocacy, drafting and advisory work for a wide range of clients, including local authorities, private and public sector landlords and tenants, companies and individuals.

Emma is able to accept direct access instructions within her areas of specialism.

Housing

Emma is experienced in all areas of social housing work, including:

Homelessness and Part VII Housing Act 1996
Allocations and Part VI Housing Act 1996
Possession and demotion claims
Anti-social behaviour injunctions
Succession
The Right to Buy

Cases of interest in this area:

Mitu v London Borough of Camden [2011] EWCA Civ 1249; [2011] All ER (D) 10 Nov

(Court of Appeal; the construction and application of r.8(2) Allocation of Housing and Homelessness  (Review Procedures) Regulations 1999) 

Vilvarasa v London Borough of Harrow [2010] EWCA Civ 1278; [2011] HLR 11

(Court of Appeal; discharge of duty under s.193(5) HA 1996) 

R (oao Ghandali) v London Borough of Ealing [2006] All ER (D) 134 Jul

(Admin Court; judicial review of priority banding awarded under local authority’s allocation scheme) 

R(oao Ali) v London Borough of Ealing [2002] All ER (D) 312 May

(Admin Court; judicial review of award of priority points under local authority’s transfer scheme)

Burton v London Borough of Camden [2000] 2 AC 428

(House of Lords; whether a joint secure tenant can “release” her interest to the other joint tenant, thereby avoiding the restrictions on assignment in s.91 HA 1985)

Property

Emma's practice encompasses all areas of residential and commercial landlord and tenant litigation including:

Possession and forfeiture claims
Leasehold enfranchisement
Business lease renewals
Disrepair
Service charge disputes

Emma also undertakes cases concerning adverse possession, mortgages and the priority of interests in land, rights of way, boundary disputes, and TLATA and Inheritance Act claims.

Cases of interest in this area:

London Borough of Tower Hamlets v Various Leaseholders of Abingdon & Benson House

(Central London County Court; application for dispensation from the consultation requirements of s.20(4) Landlord and Tenant Act 1985 in relation to major works carried out to 2 listed blocks)

Public law and Local Government

Emma regularly acts in judicial review claims with a particular emphasis on housing and community care. She advises and appears in cases concerning the provision of assistance under s.17 Children Act 1989 and s.21 National Assistance Act 1948, including those where issues arise as to the applicant’s eligibility for assistance by virtue of Schedule 3 of the Nationality, Immigration and Asylum Act 2002. Emma also appears in cases concerning age assessments of unaccompanied minors and public interest immunity applications in respect of social services files.

Cases of interest in this area:

R v IAT ex parte Anton Judes [2001] EWCA Civ 825

(Court of Appeal) 

Commercial

Emma also has experience of acting in a variety of commercial and contractual disputes.

Cases of interest in this area:

Michael Gerson Leasing Limited v John L Green (Machine Tool Merchants Limited & others [2002] All ER (D) 262 Apr

(Chancery Division; representing finance company in a dispute as to title to industrial machinery which had been the subject of a lease agreement)

Publications

Emma is co-author of Tolley's Claims to the Possession of Land (5th Edition), a highly regarded loose-leaf practitioner text.  

In addition, Emma is a founder and 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.

Emma regularly delivers seminars to solicitors, landlords and local authority officers.

If you would like any further information regarding Emma Godfrey's practice, please contact her clerks or call +44 (0)20 7405 6114.