Dominic Preston

Dominic practices almost exclusively in housing law, primarily dealing with homelessness, but also undertaking allocations cases, anti-social behaviour, disrepair, unlawful eviction and possession matters. In that context, his practice necessarily includes elements of immigration law, community care and child care law, EU law, discrimination law, and human rights law.

Dominic's commitment to the need to secure housing for the most vulnerable is reflected in his practice, which is predominantly legally aided, and in his involvement with the Housing Law Practitioner's Association where he has been a member of the Executive Committee since April 2004. He has held a number of portfolios on the executive including responsibility for seminars, the Housing Conference and now membership. Dominic was also involved in the Housing Justice Campaign launched in June 2007.

As well as regularly speaking on housing law topics, Dominic has a strong commitment to writing on housing issues. Since 2002 he has co-written the Housing title of Atkins Court Forms, which was most recently updated in 2006. He also co-wrote the Harassment and Anti-Social Behaviour title and between 2005 and 2007 he co-wrote the quarterly Housing Law Update for the Solicitors Journal. He has also contributed a number of other articles to legal journals.

What the directories say:

Chambers and Partners 2010 say of Dominic "... his sharp mind and impressive workload were both highlighted by peers ..."

Reported and recent cases:

• Hanoman v Southwark LBC (No. 2) [2009] UKHL 29; [2009] 1 WLR 1367 (Tenant in receipt of housing benefit exercising right to buy; tenant serving operative notice of delay on council and claiming price reduction; Whether housing benefit 'payment of rent' for purpose of reducing price as a consequence of landlord's delay). (transcript)

• Hanoman v Southwark LBC (No. 2) [2008] EWCA Civ 624 CA; [2009] 1 WLR 374; [2009] HLR 6 (Right to buy; notices of delay served by tenant and sanctions against authorities; relevance of housing benefit; jurisdiction of court to intervene; creation of collateral contract). (transcript)

• Ahmed v Leicester CC [2007] EWCA Civ 843 (Homelessness; discharge of duty; whether it was reasonable to accept accommodation that was refused (HA 1996, s. 193(7F)); test to be applied when assessing reasonableness of applicant's decision to refuse). (transcript)

• Desnousse v Newham LBC & others [2006] QB 831; [2006] HLR 38 CA (eviction of homeless applicants from temporary accommodation provided by private landlord; application of Protection from Eviction Act, s. 3(2B) and meaning of 'occupied as a dwelling'; whether court proceedings were required to evict such applicants; whether evictions in absence of proceedings breach of Articles 6 or 8 of European Convention on Human Rights). (transcript)

• O'Connor v Kensington & Chelsea RLBC [2004] HLR 37 CA (intentionality; good faith defence; definition of ignorance of a relevant fact; obligations of reviewing officer to consider good faith defence). (transcript)

• Southwark v Sarfo (1999) 32 HLR 602 CA (eviction; set aside of warrant on ground of oppression; discretion whether to set aside warrant). (transcript)

Publications:

• Co-author of the Harassment and Anti-social Behaviour title of Atkin's Court Forms (2nd Ed.), Vol. 21 (2006 issue);

• Co-author of the Housing title of Atkin's Court Forms (2nd Ed.), Vol. 21 (2006 issue);

• Tied Accommodation (Arden's Housing Library, Lemos & Crane (2000)).

• Co-author (with Jim Shepherd) of the Solicitors Journal quarterly Housing Law Update, 2005-2007.

Memberships and Associations:

Housing Law Practitioners Association (executive member).

Year of Call

1995

Education

* BA (Lond) * Dip Law (City)

Email Address

d.preston@doughtystreet.co.uk

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Specialist Teams

Member :

• Housing and Social Welfare
• Public and Administrative Law