Adrian Davis

Called 1996
An excellent barrister and a first choice for dealing with difficult housing cases. He can quickly make sense of, and advise on, complex issues.
Chambers and Partners, 2017
A first-class advocate, who quickly puts witnesses at ease.
Legal 500, 2016
He is excellent; very personable, thorough, persuasive and good with clients
Chambers and Partners, 2016
Very thorough and attentive
Legal 500, 2015
Clear, concise advice and pleadings often involving complex points of law
Legal 500, 2014
A favourite among local authority landlords
Legal 500, 2013
Singled out for his ‘attention to detail’ and ‘excellent presentation in court’
Legal 500, 2012

Adrian is a civil and public law practitioner who specialises in property, housing and landlord and tenant law. He acts for clients at all levels of court and tribunal.

Adrian is a qualified Public Access barrister.

If you would like any further information regarding Adrian Davis’ practice, please contact his clerks or call +44 (0)20 7405 6114.

legal-500-chambers-2016-2017
Landlord & tenant

Acting for landlords and tenants, Adrian’s practice encompasses both commercial and residential work, including: possession proceedings, forfeiture, business lease renewals and Part II of the Landlord and Tenant Act 1954, disrepair and dilapidations, mobile homes and agricultural tenancies.

Housing

Adrian has considerable experience in representing local authorities, housing associations, registered social landlords and tenants in all areas of housing law, including: homelessness and Part VII Housing Act 1996, allocations and Part VI Housing Act 1996, judicial review, possession proceedings, succession, anti-social behaviour orders and injunctions, and statutory regulation.

Planning

Adrian has assisted and represented local authorities in a variety of planning matters, including: applications for injunctions under section 187B of the Town & Country Planning Act 1990 (restraining breaches of planning control), and enforcement of planning obligations pursuant to section 106 of that Act.

Publications

Adrian is a co-author of the fifth edition of LexisNexis’ Claims to the Possession of Land, a highly successful, loose-leaf work of landlord and tenant law.

Adrian is also a co-author of the Homelessness Law practice notes in the Public Law section of the Practical Law Company’s online legal database.

In addition, Adrian is a co-founder and co-editor of chambers Housing e-bulletin, a free, quarterly email publication of legal developments sent to local authorities, registered social landlords and solicitors nationwide. To view the current and historic e-bulletins please go to Newsletters.

Adrian lectures frequently to solicitors and local authorities. He is happy to provide in-house seminars.

Notable cases
  • Islington LBC v Mohammed (Court of Appeal, May 2013) – a homelessness case, the issue being whether Islington had properly considered the Pereira test in the light of Ms Mohammed’s medical conditions which included frequent episodes of fainting. Adrian, representing Ms Mohammed, was successful in the Court of Appeal.
  • Caroline Francis v (1) Brent HP (2) Brent LBC & (3) Williams (Court of Appeal, May 2013) – the issue was whether Ms Francis had retained a tenancy of the material property when she was decanted out in 2005 by virtue of (a) a written agreement with Brent and/or (b) the provisions of Schedule 11 of the Housing and Regeneration Act 2008. The Court of Appeal found for Ms Francis in relation to (a).
  • Camden LBC v Tonello (Chancery Division, January 2013) – Adrian successfully appealed a circuit judge’s decision to order a county court appeal to take place by way of a rehearing rather than a review. Adrian, representing Camden, was subsequently successful in the county court appeal.
  • Haq v (1) Island Homes Housing Association Limited (2) Tower Hamlets LBC – this case involved commercial premises and complex arguments about proprietary estoppel and constructive trusts. After a four day hearing Adrian, who represented Tower Hamlets LBC, was successful in avoiding a finding of liability against his client.
  • De Winter Heald v Brent LBC ­– the issue was whether it was lawful for local authorities to contract out to third parties the making of their Housing Act 1996 review decisions, pursuant to the Local Authorities (Contracting Out of Allocation of Housing and Homelessness Functions) Order 1996 (SI 1996 No. 3205). Adrian, acting for Brent LBC in the county court, was successful in persuading the Court to rule that it was lawful for local authorities to contract out the making of review decisions to a third party.
  • R (on the application of Zehour Chelfat) v The London Borough of Tower Hamlets – failure by the local authority to hold a review of a decision to terminate an introductory tenancy by the issue of possession proceedings within the time limit prescribed by the Housing Act 1996 s.129 was not fatal to those proceedings where the parties had expressly agreed that a review could occur after the proceedings had commenced.
  • The London Borough of Tower Hamlets v (1) Basil Bharat Chavda (2) Dulcie Druscilla Joseph (3) Cindy Joseph Chavda and Others – the local authority was entitled to recover damages against the first and second defendants who had intended to injure the authority by imposing upon it a liability in respect of accommodation for asylum seekers that, but for their actions, it would not have been undertaken.
  • Donoghue v Poplar Housing & Regeneration Community Association Limited and the Secretary of State for the Environment, Transport and the Regions (Interested Party) – the Court of Appeal held that (1) the respondent housing association was a public authority for the purposes of the Human Rights Act 1998; and (2) notwithstanding its mandatory terms, the summary possession procedure contained in s.21(4) Housing Act 1988 did not conflict with the appellant’s right to respect for a family life under Article 8 of the European Convention on Human Rights.
Rankings and Testimonials

Ranked Leading Barrister – Chambers and Partners 2017

Ranked Leading Junior – Legal 500 2016

Ranked Leading Barrister – Chambers and Partners 2016

Ranked Leading Junior – Legal 500 2015

Ranked Leading Junior – Legal 500 2014

Ranked Leading Junior – Legal 500 2013

Ranked Leading Junior – Legal 500 2012

Ranked Leading Junior – Legal 500 2011

“Well-regarded barrister with a broad social housing practice on both the landlord and the tenant sides. He is particularly noted for his work on homelessness and claims to the possession of land.”
(Chambers and Partners 2016)

“I have instructed Adrian for at least 4 years, and continue to do so. It is always a pleasure working with him. He is completely reliable and instils confidence in the clients and the lay witnesses. He leaves no stone unturned and is prepared for every eventuality at Court. His advocacy is great, as is his written work. He is always extremely professional, produces fantastic results for our Authority and I would thoroughly recommend him.”
(Local Authority Solicitor)

“Highly recommended; prepares thoroughly, approachable, good with lay clients and gets results”
(Local Authority Solicitor)

“Adrian’s written work is excellent, comprehensive yet precise. His analytical and strategic skills are admirable. Over the last 6 years, I have had the opportunity to regularly observe Adrian in court. Always thoroughly prepared, on each occasion he has advocated fluently, confidently and persuasively. Judges respond positively to his submissions. Together, we have maintained a very high success rate…100%”
(Local Authority Solicitor)

Education
  • BSc (Dunelm)
  • LLB (Nottingham)
Professional memberships
  • SHLA