Emma is a civil and public law practitioner with particular specialisms in housing, local government and property law. She undertakes advocacy, drafting and advisory work for a wide range of clients, including local authorities, public and private sector landlords and tenants, companies and individuals. She has experience of appearing in courts and tribunals at all levels, from the FTT and county court to the House of Lords. Emma is joint Head of chambers’ Housing Group.
Emma is recommended as a leading junior in Chambers and Partners and the Legal 500.
She has been co-author of Tolley’s Claims to the Possession of Land since 2000.
She is able to accept direct access instructions within her areas of specialism.
If you would like more information about Emma Godfrey’s practice, please contact her clerks or call +44 (0)20 7405 6114.
Emma is recommended in Chambers and Partners and the Legal 500 as a leading junior in social housing. She has considerable experience in all areas of housing work, including:
- Homelessness and Part VII Housing Act 1996
- Allocations and Part VI Housing Act 1996
- Possession and demotion claims
- Housing conditions and disrepair
- The Right to Buy
- Service Charges
- Anti-social behaviour
- Public Law and Local Government
Emma regularly acts in judicial review claims with a particular emphasis on housing, community care and the provision of support under Part III Children Act 1989. She also appears in cases concerning disputed age assessments.
Emma has been co-author of Tolley’s “Claims to the Possession of Land” (5th Edn) for over 20 years. Her practice encompasses all areas of residential and commercial landlord and tenant litigation including:
- Possession and forfeiture claims
- Leasehold enfranchisement
- Service charge disputes
Emma also undertakes cases concerning adverse possession, mortgages and the priority of interests in land, rights of way, and TLATA claims.
- Cases of Interest
- Patel v London Borough of Hackney  EWCA Civ 897
(Court of Appeal; assessment of affordability of accommodation for the purposes of determining whether an applicant for assistance under Part VII Housing Act 1996 had become homeless intentionally)
- R (oao MIV and others) v LB Newham  EWHC 3298 (Admin)
(Admin Court; claim for damages under Human Rights Act 1998 in respect of accommodation provided under s.17 Children Act 1989)
- R (oao Royal Borough of Kensington & Chelsea) v London Borough of Ealing  EWHC 24 (Admin);  PTSR 1029
(Admin Court; whether a local housing authority which receives a local connection referral under s.200 HA 1996 can rely on a prior discharge of duty towards the applicant)
- Golding v Secretary of state for Transport  EWHC 300 (Admin);  RTR 20
(Admin Court; appeal by way of case stated relating to the revocation of a driving licence on medical grounds)
- Mitu v London Borough of Camden  EWCA Civ 1249;  HLR 137
(Court of Appeal; the construction and application of r.8(2) Allocation of Housing and Homelessness (Review Procedures) Regulations 1999)
- Vilvarasa v London Borough of Harrow  EWCA Civ 1278;  HLR 11
(Court of Appeal; discharge of duty under s.193(5) HA 1996)
- R (oao Ghandali) v London Borough of Ealing  All ER (D) 134 Jul
(Admin Court; judicial review of priority awarded under local authority’s allocation scheme)
- R v IAT ex parte Anton Judes  EWCA Civ 825
(Court of Appeal)
- Burton v London Borough of Camden  2 AC 428
(House of Lords; whether a joint secure tenant can “release” her interest to the other joint tenant, thereby avoiding the restrictions on assignment in s.91 HA 1985)
Emma is co-author of Tolley’s Claims to the Possession of Land (5th Edition), a highly regarded loose-leaf practitioner text.
Emma has also co-written of a series of practice notes on homelessness for Practical Law. Emma regularly delivers seminars to solicitors, landlords and local authority officers.
Leading Junior – Social Housing – Legal 500 2015-2021
Leading Junior – Social Housing – Chambers and Partners 2018-2020
- Professional Memberships
Property Bar Association
Social Housing Law Association
MA (Mathematics) (Oxon)
Dip Law (with Distinction)
Cert HE (History) (London)
Lincoln’s Inn CPE Award and Sir Thomas More bursary
- Privacy Notice
Emma’s Privacy notice can be found here