- Buying & Selling Property
- Family & Childcare Law
- Employment law
- Housing Problems
- Immigration & Asylum
- Prison Law
For further assistance contact our Housing Department at our Brixton Road Office on 0207 737 9335
- Sebastian Peattie
- Siobhan Livingston
Case 1 – Unlawful Eviction Our client and her daughter were unlawfully evicted by private landlords and had obtained an injunction for re-entry but were not permitted access. The team assisted the client in making an urgent application to commit the landlord to prison for breach of an Injunction. We also advised our client regarding making a claim for damages. We settled the matter out of court and the client received £25,000 in damages in exchange for agreeing to surrender the tenancy.
Case 2 – Homelessness: Suitability Review Appeal: Court of Appeal. Firoozmand v London Borough of Lambeth, Court of Appeal – Civil Division, September 03, 2015,  EWCA Civ 952 We assisted our client in appealing an unsuccessful 202 review of suitability of temporary accommodation provided by the local authority. The appeal was refused in the county court and our team pursued the matter to the Court of Appeal. Our client’s appeal was not ultimately successful but the matter has contributed to case law regarding suitability. We supported our client in bidding for properties and he secured permanent accommodation.
What we can help with
We take a thorough and sympathetic approach in helping landlords, tenants and residential occupiers with a wide range of housing issues such as repossession, unlawful eviction, disrepair, environmental protection and homelessness and also provide general tenancy advice. We assist our clients by providing detailed advice regarding all aspects of their matter, conducting litigation on their behalf as well as representing our clients at court. We also work closely with expert barristers to ensure that our clients receive the best possible representation throughout their case. We have significant experience conducting Litigation in the County Court, High Court and Court of Appeal.For Landlords
Renting property is complicated and it is important for landlords to understand the law so that they are fully aware of their obligations and duties to their tenants, and of the correct procedures regarding beginning and ending tenancies. This way landlords may avoid unnecessary costs and delays or any actions being taken against them by their tenants.
Our team advise and assist landlords with a wide number of issues including :
- Drafting tenancies
- Tenancy deposit schemes and related issues
- Bringing possession proceedings and evicting tenants
- Disrepair and Environmental Protection Act issues
- Injunction and committal proceedings
We have a great deal of experience assisting tenants of local authorities, housing associations and private landlords with a variety of issues relating to their tenancy. Our team advise and assist tenants with
- Possession - including applications to set aside possession orders and suspend warrants for eviction
- Disrepair actions in the County Court against local authorities, housing associations and private landlords
- Prosecutions under the Environmental Protection Act in the Magistrates Court
- Homelessness – including applications as homeless, reviews and appeals of local authority decisions, reviews and appeals regarding the suitability of temporary accommodation
- Unlawful eviction and harassment – including injunctions for re-entry and to prevent harassment and damages claims
- Allocations of council housing on the housing register and transfer applications
- Advice to Council tenants on assignments and succession rights
- ASBOs (Anti-Social Behaviour Orders), injunctions and committals
Funding and Fees
We help clients who are eligible for Legal Aid under the Legal Help Scheme or under a Public Funding certificate. We are able to advise potential clients regarding their eligibility for Legal Aid and assist clients in making applications for funding. Where Legal Aid is not available, we also help clients on a private fee basis, either with a fixed fee or by charging at an hourly rate. Alternatively, we can assist clients under a Conditional-Fee Agreement (no win, no fee) depending on the nature of the matter.
More about us
Our team are involved in pro-bono projects such as the London South Bank University Advice Clinic in conjunction with Philcox Gray Solicitors and supply advice to members of the public. We also work closely with Domestic Violence Agencies assisting victims of domestic violence with housing issues.
The Legal 500 Series, now in its 29th year, is widely acknowledged as the world's largest legal referral guide. Each year, more than 180,000 in-house counsel and lawyers are surveyed and interviewed globally. Wainwright & Cummins housing department have been a Legal 500 firm in 2013 and 2014.The Legal 500 is an independent guide, and firms and individuals are recommended purely on merit.
This is what is said about us:
"The 'highly professional' Wainwright & Cummins successfully challenged the council's decision in the homelessness case Woldeab v Southwark LBC." (Legal 500, 2013 edition). “Recently promoted department head Grace Bovill, Sebastian Peattie & Danielle Reid are “client focused, hardworking & extremely competent”. (Legal 500, 2014 edition).