Housing Management & Property Litigation Brief
Issue 34
Mark Foxcroft
Partner
020 7065 1861
Welcome
Welcome to our latest HMPL Brief, this time with a fresh new look! It has been just over 6 months now since Lee and I took the helm and became joint heads of the HMPL team and it has absolutely flown by in a flurry of events and excellent client instructions! As we near the end of 2025, the sector is facing some of the most significant legal and regulatory changes in recent years. Awaab’s Law is now in force, introducing strict timeframes for social landlords to investigate and remedy damp, mould, and other serious hazards marking a pivotal shift in tenant safety obligations and enforcement risk. The Renters’ Rights Bill is nearing Royal Assent and promises to reshape the private rented sector. With the abolition of Section 21 ‘no fault’ evictions, the move to periodic tenancies, and enhanced tenant protections, landlords must prepare for a new compliance landscape. Data protection also remains a critical issue and our excellent Data Protection and Information Law team are at hand to help navigate the complexities of the Data (Use and Access) Act and Social Tenant Access to Information Requirements (STAIRS).
We also bring you in this Brief the ever-popular insights into what our expanding teams have been up to and we hope you also enjoy our Spotlight section on Nina in our Birmingham team and learn about her background and special skills! We also give you a brief glimpse into what our teams do when they are not working on your cases in our ‘Out & About’ section.
Enjoy the read!
Mark Foxcroft
To receive updates on topics relevant to you, at a frequency of your choosing, please subscribe to Devonshires Insights.
Housing Management & Property Litigation Brief: Issue 34
Welcome - Mark Foxcroft
Welcome to our latest HMPL Brief, this time with a fresh new look! It has been just over 6 months now since Lee and I took the helm and became joint heads of the HMPL team and it has absolutely flown by in a flurry of events and excellent client instructions! As we near the end of 2025, the sector is facing some of the most significant legal and regulatory changes in recent years. Awaab’s Law is now in force, introducing strict timeframes for social landlords to investigate and remedy damp, mould, and other serious hazards marking a pivotal shift in tenant safety obligations and enforcement risk. The Renters’ Rights Bill [is nearing Royal Assent] and promises to reshape the private rented sector. With the abolition of Section 21 ‘no fault’ evictions, the move to periodic tenancies, and enhanced tenant protections, landlords must prepare for a new compliance landscape. Data protection also remains a critical issue and our excellent Data Protection and Information Law team are at hand to help navigate the complexities of the Data (Use and Access) Act and Social Tenant Access to Information Requirements (STAIRS).
We also bring you in this Brief the ever-popular insights into what our expanding teams have been up to and we hope you also enjoy our Spotlight section on Nina in our Birmingham team and learn about her background and special skills! We also give you a brief glimpse into what our teams do when they are not working on your cases in our ‘Out & About’ section.
Enjoy the read!
Mark Foxcroft
To receive updates on topics relevant to you, at a frequency of your choosing, please subscribe to Devonshires Insights.
In this brief...
Content roundup
The Department for Levelling Up, Housing & Communities (DLUHC) has published:
- The outcome of its consultation on: (1) the proposed Social Tenant Access to Information Requirements (STAIRs) and (2) the accompanying draft direction to the Regulator of Social Housing (the Regulator), which ran from 20 May 2024 to 22 July 2024; and
- An updated policy statement on STAIRs, based on the consultation responses.
We strongly advise our clients to review both the full consultation outcome and the revised policy statement. Please read more for a summary of some of the key points from the consultation.
Arecent decision by the Upper Tribunal (‘UT’) in Almacantar Centre Point Nominee No 1 Ltd and another v de Valk and others [2025] UKUT 298 (LC) has provided clarity on the scope of leaseholder protections under the Building Safety Act 2022 (‘BSA 2022’). The UT agreed with the First Tier Tribunal’s (‘FTT’) decision that no service charge is payable by qualifying leaseholders in respect of cladding remediation even if there is no relevant defect in the building.
Mark Foxcroft recently featured in Social Housing, writing an article on “Leasehold reform: implications for social housing providers” . The article covers the proposed reforms on England and Wales' leasehold system and looks ahead at the challenges and opportunities for social housing providers.
In a recent decision that clarifies the limits of enforcement following a lease dispute settlement, the Court of Appeal has ruled in White v 29 Buckland Crescent Management Co Ltd [2025] EWCA Civ 814 that a landlord cannot pursue forfeiture if that remedy was not explicitly preserved in a settlement agreement.
On 4 July, the Government laid The Fire Safety (Residential Evacuation Plans) (England) Regulations 2025 (‘the Regulations’). These Regulations, which will come into force on 6 April 2026, aim to improve the fire safety and evacuation of residents in specified residential buildings in England who are unable or find it difficult to self-evacuate, and by the mandating of building emergency evacuation plans.
This consultation seeks to bring about proposals to implement aspects of Part 4 of the Leasehold and Freehold Reform Act 2024 ('LAFRA') and enact future reform on leasehold charges and services. The consultation closes on 26 September 2025.
Faces behind the Cases
Charlotte Ash
"I joined Devonshires in June 2025. I have been working on a variety of files with a growing focus on anti-social behaviour injunctions, Equality Act 2010 disputes, possession claims and housing conditions claims. I have enjoyed attending interesting hearings with clients."
Emilie Pownall
"The Birmingham arm of the HMPL team has now been a part of the firm for two and a half years and it has flown by! Since joining, we have been happily working with Midlands based clients as well as getting to know clients from all over the country. We are currently planning for our Birmingham HMPL conference which is scheduled to take place in November 2025. I have also been busy dealing with a full caseload of Equality Act defended possession claims, vexatious litigants, defended Injunction claims and some interesting disrepair/fitness cases involving asbestos and lead paint. I also support, line-manage and supervise some of our wonderful Paralegals and Trainees and have been enjoying watching them develop into fantastic future litigators."
Ronnie Pumfrey
"The first two and half months of my time at Devonshires has flown by, and it’s been a busy and rewarding period. I have been advising clients on a wide range of matters, with a particular focus on bringing and defending service charge claims, which often involve First-Tier Tribunal cases concerning the reasonableness and payability of service charges. It has been great supporting and navigating clients through each stage of the process."
Mary Brennan
"I have been advising our client in relation to their proposed redevelopment of their building. Specifically, I have been assisting them in responding to a Tribunal claim brought by a Telecommunications Operator who has asserted various property rights to remain on their building, despite our client’s intention to demolish and redevelop the site."
Saule Sabaliauskaite
"I am excited to be celebrating a year at Devonshires and the Housing Management Property Litigation Team. It has been an exciting time assisting on matters relating to housing conditions, anti-social behaviour, possessions, injunctions and successions. I have particularly enjoyed successes in resolving claims where disability defences were raised and attending Cornerstone Chamber’s recent Housing Day 2025 which provided an interesting insight into upcoming changes to the sector."
Paola Ureta
"I have been actively supporting landlords across a variety of matters, including Anti-Social Behaviour Injunctions, Hoarding Injunctions, and cases involving Possession and Succession. Most recently, I attended a webinar hosted by Inside Housing titled “Awaab’s Law: How is the sector innovating to make homes safer”, which offered valuable insights into how clients are adapting their processes in preparation for the implementation of Awaab’s Law."
Donna McCarthy
"I’ve had the pleasure to speak at some fantastic conferences on everything from compliance with the Equality Act to Women in Leadership, as well as chairing a conversation with the Housing Ombudsman at Housing 2026 and being on the panel for the CIH campaign ‘Choose Housing’ where I waved the flag for housing lawyers!"
Freddy Hart
"Since joining the Knowledge team in HMPL in March 2025, I have been able to get involved with a wide variety of matters. Helping with both internal team and external client training, while assisting with complex queries from the team, has provided me with a valuable and rewarding experience. I look forward to continuing to build my knowledge so that I can further assist the team to help our clients."
Hassan Dervish
"I’ve been having an exciting period of time delivering training on Awaab's Law, s20 consultations and helping client’s navigate various legal issues arising from Leasehold Management from Absent Shared Owner Leaseholders, service charge disputes and section 20 dispensation applications."
Rebecca Brady
"I have been working closely with clients in relation to the implementation of Awaab’s Law in the social housing sector from 27 October 2025. This has included reviewing policy and procedure documents, as well as getting out and about to deliver training to those on the front-line."
Hassan Dervish
"I have recently qualified as a Solicitor into the team after completing my training contract with Devonshires. I look forward to getting involved in various cases."
Esther Yeates
"I joined Devonshires earlier this year and have been keeping busy with a variety of complex possession matters, injunctions, disrepair matters and a judicial review claim. I am assisted by the wonderful Eve Parker who is also new to the team."
Anna Bennett
"Alongside the usual case work and supporting my fantastic team of fee earners including Associates Charlotte Ash, Esther Yeates and Melissa Arslan, I have been busy keeping clients up to date on the progress of the Renters’ Rights Bill and advising on potential implications for their tenure strategies."
Amina Rahman
"Having joined the firm just over a year ago, I have gained invaluable experience across a range of property litigation and housing management matters. I have been involved dealing with access injunction matters, housing disrepair and assisting Kirsten Taylor with cases regarding unlawful subletting and boundary disputes.
A particular highlight was assisting Kirsten Taylor on a class action disrepair matter which consisted of a two-day ADR. This provided valuable exposure to complex negotiations and collaborative resolution strategies, deepening my understanding of housing litigation and alternative dispute resolution processes."
Zeljana Krtinic
"I have been busy assisting our clients with a range of housing matters, including housing conditions claims, possessions, anti-social behaviour injunctions and access injunctions. Alongside this, I have been working with my supervisor, Jonathan Bowen, to expand my knowledge in other areas, such as tenancy fraud. I have been attending conferences to expand my knowledge further and look forward to implementing this new knowledge into my day-to-day practice."
Rory Matheson
"In addition to dealing with my usual caseload of possession, disrepair and injunctions, recently I have been dealing with reasonable adjustments in relation to car parking for shared owners with a disability and market rent challenges at the First-tier Tribunal."
Claudia Curry
"During my first year at Devonshires I have been getting to grips with a variety of housing law matters. I regularly advise landlords in disrepair cases and have additionally been involved with an ADR pilot scheme. More recently I have been attending court to assist landlords in securing anti-social behaviour injunctions, access injunctions and possession of their properties. I look forward to expanding my knowledge in these areas and gaining further experience."
Megan Howgrave-Graham
"I have been busy working on a range of matters including injunction, possession and housing conditions claims. I have also had the opportunity to work on some interesting service charge matters which have considered the obligations of intermediate landlords following acquisition of the right to manage by an RTM company."
Spotlight on…Nina Dhadwal
Nina Dhadwal
Associate
020 3815 2657
I joined Devonshires in 2023 as a Solicitor in the Housing Management and Property Litigation team in Birmingham.
My focus is on helping registered providers navigate complex housing law matters including possession proceedings, tenancy enforcement, ASB and breach injunctions and disrepair claims. I bring with me 13 years of advocacy experience to my role at which is rather unique to the role of a solicitor and has helped shape my approach to risk management and resolution strategies for my clients.
In my role as an Advocate, I attended many directions hearings, possession hearings, allocation hearings, small claims track trials, case management hearings and infant settlement hearings. Having this experience does mean that I’m not too worried if I can’t find counsel for a hearing!
Outside of work I enjoy reading, tackling DIY projects and weight training.
Out and About
The HMPL team have had busy time with webinars, conferences and client training.
Our teams have had an incredibly busy time attending a variety of conferences as guests such as Housing Brighton and CIH Housing Community summit and, as speakers. Donna spoke at the SHiP Annual Conference, Kelly Lloyd at the Tenancy Fraud Forum and Victoria Smith at the ASB Resolve Conference. We have also hosted a wide variety of events in house including our popular Breakfast Briefings on PEEPS, Commonhold, STAIRS and the Crime & Policing Bill in addition to hosting a joint conference with Five Paper Chambers in London in September about the impact of the current legislative reforms. In addition to this, we have hosted a variety of webinars and have a new Renters’ Rights series is coming up in November to navigate you all through the Act.
Other members of the team have been busy prepping and giving direct client training sessions on a variety of topics including, ASB, injunctions and possession. We continue to deliver our ever-popular Building Blocks series, covering a variety of different topics so do keep an eye out for these sessions along with more on leasehold reform, Building Safety, and other topical issues.
And for our in-house lawyer colleagues, we are in the middle of our InLaws programme and planning the next one for 2026! Do see the programme at the end of this Brief for more information.
We are prepping for our conference in Birmingham for 13 November which is shaping up to be a day full of updates on new legislation and discussions on a variety of topical areas.
HMPL Building Blocks Webinar Programme – 2025/2026
Law and Procedure Following Death of a Tenant
9 December 2025 | 11:00 - 12:00 | Virtual
“What happens to a tenancy when a tenant dies?” is one of the most common questions posed on our advice line. It is important for landlords to understand the law relating to succession and inheritance of tenancies as well as discretionary rights which may allow a person to be granted a new tenancy after a tenant dies. We will take you through these key legal principles and how landlords can seek possession of properties following the death of a tenant.
Hoarding - a guide for beginners
29 January 2026 | 14:00 - 15:00 | Virtual
In this Webinar, we will discuss the particular risks associated with hoarding and challenges social landlords face in trying to support their residents to clear excessive clutter. We will review the legal remedies available to landlords to resolve hoarding cases where all other support fails.
A Housing Officer’s Guide to Court Proceedings
14 April 2026 | 14:00 - 15:00 | Virtual
Going to court can be a stressful experience in a new environment for housing professionals whether representing their organisation or attending as a witness. The aim of this Webinar is to help attendees understand the best way to prepare cases for Court and what to expect on the day.
Leasehold Management – Managing the Managing Agents
21 May 2026 | 14:00 - 15:00 | Virtual
This webinar will benefit housing management and leasehold professionals whose work includes managing estates where there is a management company or managing agent in place such as a Residents’ Management Company or a Right to Manage Company. These relationships can raise challenges for the landlord and tenant to deal with, particularly where the management organisation is not fulfilling its duties effectively. This session looks at some of the common issues that can arise in these situations and what steps landlords and tenants can take to address them.
Rent Arrears And Possession
25 June 2026 | 11:00 – 12:00 | Virtual
This webinar will benefit those housing professionals who work in income recovery and possession in particular. We will look at how tenure affects rent recovery, the Pre-Action Protocol for Rent Arrears, what notices must be served, issuing proceedings and the best way to prepare for court.
InLaws 2025/2026 Event Programme
Technology and AI Considerations for In-House Lawyers
Tuesday 4 November 2025 | 11:00 - 12:00
With the proliferation of AI and its uses, it is crucial for in-house counsel to keep abreast of technological developments and fully understand the role of AI in their business. This webinar will explore good governance and risk management surrounding the use of Artificial Intelligence.
Coming soon...
Workshop – Effective communication and influencing
February 2026 | 14:00 - 15:00
Data protection law update
Tuesday 3 March 2026 | 11:00 - 12:00
Contract law update
April 2026 | 14:00 - 15:00
Navigating legal risk in disputes
Tuesday 5 May 2026 | 11:00 - 12:00
The future of mediation and ADR
Thursday 11 June 2026 | 14:00 - 17:00 | In-person networking event
Housing Management and Property Litigation Adviceline
0800 0854 529 9am to 5pm - Monday to Friday
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