Housing management

Our team advises on all aspects of housing management—from the most serious anti-social behaviour (ASB) cases to complex succession disputes—including possession claims, ASB, county court injunctions, gas, electrical and fire safety issues including gaining access, income recovery, removing squatters, sub-letting, fraud, disrepair, fitness for habitation, succession, abandonment, Judicial Review, Equality Act duties, relationship breakdown, domestic violence, tenancy assignment, hoarding, safeguarding, accelerated proceedings and site clearance.

We are specialists on major tenancy and policy reviews and can assist with drafting and advising on all forms of tenancies including flexible tenure (and their renewal/termination/conversion to periodic), licences, policies and procedures, provide advice on complaints and regulatory issues, welfare reform, right to rent, supported housing, rent setting, information law, data protection and homelessness/allocations.

Unlike many firms, we have lawyers located across the country who are experts in leasehold and home ownership issues. We're leaders in residential leasehold work and have advised many housing providers on Tribunal applications and remedies available in the event of leaseholder default.

We provide advice on policies and procedure, leasehold s.20 consultations, collective enfranchisement and right to manage applications, drafting/interpretation of agreements. We carry out leasehold litigation, including forfeiture proceedings. We offer a tailored specialist service charge recovery process which has recovered millions of pounds for clients at absolutely no cost.

Our advocacy service includes a range of contentious and non-contentious matters, as well as appearing in courts at all levels from the County Court to the Court of Appeal, and the First Tier Tribunal (Property Chamber) and Upper Tribunal on cases involving ASB, succession, possession, injunctions and committal proceedings, and leasehold and service charge disputes, as well as cutting-edge advisory work on tenancies, policies and procedures.

We lead the way in tactically managing housing disrepair cases—from running best practice groups with the Ministry of Justice (MoJ) and the Solicitors Regulation Authority (SRA), to providing up to date webinars to support housing management staff working from home. When the new legislation on Fitness for Human Habitation came through, we successfully guided numerous housing associations to prepare in advance and manage claims, reducing risk and liability. On a case by case basis, we tailor advice to match the risk appetite, stock condition and corporate aims of the client organisation.

Part of Capsticks Business Solutions (CBS)—our specialist non-legal solutions to help clients save money and run more effectively—our Housing Advisory service provides a range of business solutions and training covering all aspects of housing, encompassing ASB (including full health checks), development and asset management, governance, housing management, hoarding, safeguarding and employment. Clients include government advisors, trade press and membership organisations. Our services help clients shape the future of their business and the lives of their tenants.

Chris Grose, who heads our Housing Advisory team, was a former housing manager before being appointed by the Chartered Institute of Housing (CIH) as one of their national ASB consultants. In that role he advised over 300 providers on their ASB policies and procedures. Chris and the wider team advise the CIH on its national knowledge hub. Whilst at Capsticks Chris has advised the Home Office and given evidence to the Lords on ASB legislation.