- Called: 2008
Byron grew up and was educated in South Wales, before graduating with a LL.B (2:1) (Honours) from the University College of Wales, Aberystwyth in 1990. He subsequently passed the Law Society Final Examination at the College of Law, Chester with Merit following which he completed Articles and qualified as a Solicitor in 1994. In 1995 he graduated with a Master of Laws, with Merit, from the University of London. In 2008 he was called to the Bar by Middle Temple Inn, and joined Five Paper.
Prior to joining the Bar, Byron Britton spent several years as a senior solicitor with Devonshires Solicitor’s Housing Management Department in the City of London. Prior to that he was a Partner with Steeles Law LLP for several years responsible for their London Property Litigation Team, and prior to that at Hodders, where he completed his Articles. Byron also undertakes consultancy roles for specialist housing law solicitors.
Byron has also spent a period of three months in 2014 in a temporary placement with the in-house Legal Department of Islington London Borough Council, and occasionally undertakes locum work for local authorities, and so has a good understanding of the housing environment.
Byron Britton has considerable experience of advising local authorities and Registered Providers of Social Housing. He undertakes a considerable amount of advocacy in County Court and the Residential Property Tribunal, as well as appearing in High Court and Court of Appeal.
He provides specialist advice, drafting and representation, including:
Rents & Service Charges,
Possession & security of tenure,
Sub-letting and non-occupation;
Succession & assignment;
Human Rights & Equality laws; and
Regulatory & Public Law issues.
Byron easily builds up a rapport with clients who frequently instruct him over and over again, for his experience and legal knowledge, practical and friendly approach.
Byron is happy to provide telephone support and advice on issues of difficulty to existing clients without charge.
Lewisham LBC v PRs of Romeo & another
TRIAL (1 day) Possession claim following death of tenant. D2 claimed succession rights under s.87 Housing Act 1988. Mandatory possession order granted.
Lewisham LBC v PRs of Stone & another
APPEAL (HHJ Bailey, Mayor’s & City of London Court) against possession order made following trial and findings of subletting. Appeal refused.
Lewisham LBC v Vincent & others
TRIAL (1 day) Possession claim based upon absence of death of first joint tenant and non- occupation of the other against family members left in occupation. The issues for determination by the Court related to the Equality Act 2010 and Human Rights Act 1998.
Network Housing Association v Kentley
TRIAL (2 days). Claim for possession, final injunction and committal to prison in anti-social behaviour case. Claim was fully defended with all allegations denied. Outright possession, and suspended committal order made.
Lewisham LBC v Bailey & others
TRIAL (2 days) Claim for possession based upon loss of security of tenure by non- occupation and sub-letting. Defendant asserted the property remained his main home and he was only away a few days each week for work. Possession order granted.
Notting Hill Home Ownership v Elkhatib & another
TRIAL. Validity and reasonableness of an estate rent charge under Rentcharges Act 1977. Judgment for Claimant
Notting Hill HT v Muldowney
APPEAL (1/2 day). Appeal against refusal of District Judge to make an outright possession order under Ground 8. Appeal allowed, and mandatory possession order substituted.
Lewisham LBC v Weston
TRIAL (1 day) Claim for possession based upon under-occupation under Ground 15A. The claim was defended upon the basis of reasonableness and lack of suitable alternative accommodation. Possession order made.
Notting Hill HT v Morris
TRIAL (1 day). Claim for possession under grounds 12 & 14 for anti-social behaviour. Sunsequent claim under Ground 8 consolidated and defended on the basis of the Equality Act 2010 & Human Rights Act 1998. Court determined to try the Ground 8 claim first and granted an outright possession order.
Network Housing Association v Hirsi
TRIAL (1/2 day). Claim for possession based upon non-occupation and/or subletting, defended on basis that persons in occupation were non-paying guests. Mandatory possession order granted.
Lewisham LBC v Mustafa
APPEAL (1/2 day). Appeal, following permission, against possession order upon basis that the trial judge ought to have adjourned the hearing to allow the defendant’s witnesses to attend. Further grounds of appeal sought to be adduced at hearing.
Knight v Notting Hill Home Ownership
TRIAL (1 day) First Tier Residential Property Tribunal. Determination of reasonableness of service charges levied on a long lease.
Dabora Conway v Bromley LBC
TRIAL (1/2 day). Application for possession upon expiry of 3 year lease, where head-lease had expired. Council refused to re-house their tenant and asserted that the Claimant ought to have brought proceedings directly against their sub-tenant. Order for possession, damages and costs awarded.
Notting Hill Housing Trust v Somerset, Mr Recorder Swift QC
APPEAL. Successful appeal against decision of District Judge to make a suspended possession order rather than a mandatory Ground 8 Order as sought. The suspended order was set aside and a mandatory ground 8 order made in its place.
McAspurn v Shepherds Bush Housing Association, HHJ Freeland QC, Appeal (3 hours) APPEAL (3 hours). Renewed application for permission to appeal. Whether Court should have adjourned to allow an application for relief from sanctions by a defendant with mental health issues. Whether new evidence could be admitted on appeal Dismissed as totally without merit.
Lewisham LBC –v- Oremosu, HHJ Freeland QC,
APPEAL (1/2 day). Renewed application for permission to appeal against mandatory possession order where housing duty discharged. Dismissed as totally without merit.
Notting Hill HT –v- Fitzgerald, Brentford County Court –
TRIAL (1 day). Whether tenant occupying premises as only or principal home. Whether tenant parted with possession pursuant to s.93(2) Housing Act 1985. Whether unlawful profit order was made out.
London Borough of Lambeth v Partridge Court of Appeal, Moore-Bick LJ PERMISSION TO APPEAL. Issue: whether Judge right at trial to refuse D’s defence of adverse possession/Article 8 ECHR
Worthing Homes v Roderick, Worthing County Court, HHJ Raeson
TRIAL (2 days) of claim for anti-social behaviour injunction. Order: Injunction with Power of Arrest granted.
Re: Monmouth House – Various lessees v Bron Afon Community Housing Association, LVT (Wales),
TRIAL (4 days). LVT had to determine recoverability of service charges for major works. Whether external cladding repair or improvement. Cross-examination of expert witnesses and detailed submissions on the law.
Lewisham v Mitchell, Bromley County Court HHJ Redgrave, 2 day trial
TRIAL (2 days) Possession claimed on basis of NTQ following allegations that D had unlawfully sublet the property. Order for possession on mandatory ground ordered and consequential relief.
NHHT v Driss Balaal, West London County Court
TRIAL (POSSESSION) and claim for anti-social behaviour injunction. Order: injunction and outright possession order.
NHHT v Sweilam LVT
FINAL HEARING (SERVICE CHARGES) (1 day). Service charges determination under Landlord & Tenant Act 1985, including recovery of major works and s.20C cost application.
Runnymede DC v Scholes, Guildford County Court, HHJ Reid
TRIAL (3 days) of claim for possession based on allegations of anti-social behaviours: Order: Possession Order.
Camden LBC v Talabi Trial, Central London County Court
TRIAL (1 DAY) Claim for possession based on non-occupation and loss of security of tenure, Human Rights Act and public law defences raised. Order: outright possession order on mandatory basis and consequential relief.
Poplar HARCA v Begum, Bow County Court, HHJ Mitchell
APPEAL (POSSESSION) (1 day). Issue: Rolled-up hearing of appeal against refusal to suspended Warrant of Possession and Application to set aside Possession Order. Order: permission to appeal and application refused.
Peries v Kirphil Properties Ltd, Leasehold Valuation Tribunal
FINAL HEARING (ENFRANCHISEMENT) (1 day). Issue: dispute as to calculation of premium for an extended lease under LRHUDA 1993. Order judgment reserved.
Notting Hill Housing Trust v Scully, 2/5/13, Barnet, County Court
TRIAL (POSSESSION) (1 day) Non-occupation claim. Issue: Whether D occupied property as his only or principal home and had lost securitY of tenure under HA 1985. Order: mandatory possession order and consequentiaL relief.
Notting Hill Housing Trust v Watson, Bromley County Court
TRIAL (POSSESSION) (1 day) and application for anti-social behaviour injunction. Order: Injunction and suspended Possession Order.
R (Kornhauser) v Notting Hill Housing Trust, Administrative Court, Mr Justice Stewart JUDICIAL REVIEW / CIVIL RESTRAINT ORDER. Issue: whether NHHT was a public authority and amendable to Judicial Review by reason of s6(5) HRA 1998 whether the act complained of was an act of a public nature. Prior housing of unmeritorious claims. Order: Permission refused and extended Civil Restraint Order made against Applicant.
London Borough of Camden v Bentsi-Addison, Central London County Court
TRIAL (POSSESSION). Succession – s.87 Housing Act 1985, temporary absence of successor
Issue: Whether D succeeded to a secure tenancy pursuant to s.87 HA 1985. Order mandatory possession order and consequential relief.
Lewisham LBC v Ofori Johnson, Mayor’s & City of London County Court, HHJ Birtles APPEAL (1 day) against possession order based on arguments as to validity of s.127 Housing Act 1996 Notice and effect of review on Notice. Order: appeal dismissed.
Byron frequently lectures for local authorities in-house and for Chambers’ seminars and conferences and has lectured at the 1st & 3rd Annual Conferences of the Social Housing Law Association and for Capita Conferences. He has recently lectured for housing staff at a number of London Borough Councils.
Byron has written articles for various publications including the Journal of Housing Law and www.localgovernmentlawyer.co.uk.
Byron is happy to prepare and present in-house seminars for housing professionals and lawyers.
Byron no longer undertakes legal aid work.
Byron is authorised by the BSB to conduct litigation. This means he can offer a range of litigation support services to Solicitors in addition to the traditional services of Chambers.This may include discreet services such as
- issue and service of interim applications which Counsel has drafted or been briefed for
- organising disclosure
- interviewing and taking witness statements*
- arranging enforcement proceedings
* Please note that where Counsel is instructed to interview and draft witness statements then it may not be appropriate for Counsel to subsequently act as trial Counsel where such statements may be in issue
As a result of Byron’s public access authorisation, social landlords such as Housing Associations and Housing Cooperatives may now instruct Byron directly without the need for a solicitor. This may be particularly beneficial for smaller organisations which may have a limited budget to pay for both solicitor and counsel. Housing organisations are welcome to contact Byron to discuss direct access arrangements.
Byron is a dog lover and has two cocker spaniels. He enjoys travelling, particularly in Europe and Spain, and speaks Spanish well. He has an interest in Church music and architecture, and history, plays the Church Pipe Organ, and occasionally acts as an alter server in his local Catholic Church.