Joshua Dubin

Joshua Dubin

Call 1997

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Property & Chancery

Joshua’s practice encompasses the whole range of residential and commercial landlord & tenant advice and advocacy, including:

  • Possession & forfeiture;
  • Disrepair & dilapidations;
  • Rent reviews;
  • Service charge disputes;
  • Anti-social behaviour, and
  • Unlawful eviction.

He is also regularly instructed in property matters and neighbour disputes, including:

  • Nuisance;
  • Trespass;
  • Boundary & easement disputes;
  • Party Wall Act matters;
  • Mortgages;
  • Charges, charging orders & orders for sale;
  • LPA Receiver matters;
  • Equitable interests (eg applications under the Trusts of Land and Appointment of Trustees Act 1996);
  • Agricultural tenancies.

Joshua has represented clients in the Court of Appeal and before the Adjudicator to HM Land Registry, as well as the County Court and First Tier Tribunal (Property Chamber). He has particular expertise in social housing (including homelessness, allocations, human rights, and disability discrimination). He accepts publicly-funded housing work, as well as instructions from individuals and local authorities. He has experience of a variety of other property-related matters, from planning breach injunctions to parking enforcement.

Joshua has lectured to solicitors and not-for-profit organizations on all aspects of housing, landlord & tenant and property law, including ‘Human Rights and the Land Registration Act 2002’ (Feb 2012), ‘Shared Ownership Schemes & Mortgages’ (Jan 2014) and ‘Freehold Covenants’ (Jul 2014). He is happy to provide in-house lectures tailored to clients’ needs. He has spoken at the annual Housing Law Conference (HLPA/Law Society).

Notable Cases

Obtaining a final possession order in 12 days from issue of an injunction application to final order, against a private-sector assured shorthold tenant on the basis of serious anti-social behaviour, involving risk to property and people through fire (May 2015).

5-day High Court trial defending a claim in misrepresentation over the sale of a house – whether the vendor had disclosed a history of flooding – including argument over method and quantum of valuation (March 2015).

Thomas-Ashley v Drum Housing Association Ltd [2010] EWCA Civ 265; (2010) 107(13) LSG 17; [2010] NPC 36: what is the extent of a social landlord’s duty to alter its letting terms under ss 24A and 24D Disability Discrimination Act 1995.

Newham LBC v Anwar Ali (2004) Feb Legal Action 31: whether a local authority may rely on Ground 1, Schedule 2, Housing Act 1985 in cases of overcrowding and thereby avoid the requirement to provide suitable alternative accommodation.

R (Ahmed) v Waltham Forest LBC [2001] EWHC (Admin) 540, (2001) Oct Legal Action 17; [2001] JHL D99: whether there is a continuing duty to provide interim accommodation under s 188(3), Housing Act 1996 in the absence of a specific request from an applicant.

Memberships

Housing Law Practitioners’ Association (www.hlpa.org.uk)
Property Bar Association (www.propertybar.org.uk)
Social Housing Law Association (www.shla.org.uk)