Nicholas Grundy QC
- Head of Chambers
- Called: 1993
"He is combative in cross-examination and not afraid to ask the difficult questions." "He sweeps majestically into the room and suddenly the world is all right." "He is a very smooth advocate who puts clients at their ease."
Chambers & Partners
Nick is an experienced Property and Public law barrister. A specialist in both Property Law and Public Law he is instructed in a wide range of cases where these two areas interact. He has expertise in relation to both freehold and leasehold covenants. Nick also regularly deals with business tenancies.
Nick is often instructed by public sector bodies, including Local Authorities and social housing providers to deal with their complex property cases, in particular where issues relating to Human Rights and Equality Rights are asserted.
Nicholas Grundy QC has a focused property practice with particular expertise in:
- Complex property cases.
- Applications to discharge or modify restrictive covenants.
- Possession claims where the occupier asserts Equality or Human Rights.
- Advising and representing Public Sector bodies on public law and policy issues.
- Service Charges claims.
- Business lease renewals.
Nick is recommended in Chambers UK in the area of Housing Law and in the Legal 500 in the same area.
“Feisty and forthright with a real enthusiasm for property and housing law.”
The Legal 500 UK 2016
“Meticulous in his preparation and a pleasure to work with.”
The Legal 500 UK 2015
“He does a brilliant job, he’s right on the money. His response times are frightening and his level of client care is a cut above.” “Absolutely excellent advice. He has a real depth of knowledge but has also retained a very down-to-earth manner.”
Chambers & Partners 2017
“He is combative in cross-examination and not afraid to ask the difficult questions.” “He sweeps majestically into the room and suddenly the world is all right.” “He is a very smooth advocate who puts clients at their ease.”
Chambers & Partners 2015
Jesus College Cambridge – MA Archaeology & Anthropology (2.1 Hons).
Loughborough University – MSc Sport’s Science (distinction).
Westminster University – dip Law (Merit)
Holland v Oxford City Council: Trial before Master Bowles
Ms Holland claimed that her right to use two pitches at St Giles’ Fair were annual periodic tenancies and that the Council, in reducing the size of one of those pitches had derogated from its grant. Nick successfully argued that Ms Holland had only a licence of the pitches and that her apparent ‘security of tenure’ was based on her rights as a member of the Showmen’s’ Guild of Great Britain. Ms Holland has been refused permission to Appeal by Master Bowles.
One Housing Group v PRs of Nunn (deceased) and Thomas: Appeal before HHJ Luba QC
Mr Thomas defended possession proceedings on the ground that he had succeeded to Mr Nunn’s assured tenancy under section 17 of the Housing Act 1988 on the basis that he and Mr Nunn had lived at the flat ‘as if they were civil partners’. At 1st instance the DJ applied a test analogous to that for ‘living together as if married’ which required the person asserting the fact to show ‘a mutual lifetime commitment’ (see e.g. Nutting v Southern Housing Group [ EWHC 2983 (Ch); and Amicus Horizon Ltd. v Estate of Mabbott and Brand  EWCA Civ 895).
The DJ found that Mr Thomas’ continuing ideal of securing his own flat negatived the commitment required. On appeal Mr Thomas asserted that the DJ erred in applying the same test; in effect the test for living together as if married is based on the historical religious institution of marriage where the vows were ‘til death do us part’. Nick represented OHG on the appeal and successfully argued that the tests for living together as if married and living together as if civil partners are analogous. Mr Thomas has applied for permission to appeal. The test for living together as if civil partners has a wider application that just housing so permission may be granted.
Brown v Haringey LBC  EWCA Civ 483. Committal, Article6, Right to a Fair Trial, Legal Aid.
Nick represented Haringey on Mr Brown’s appeal against his committal for contempt of court. The appeal concerned the availability of criminal legal aid for those accused of contempt of court and the right to a fair trial under Article 6 of the European convention on Human Rights.
Akerman-Livingstone v Aster Communities Ltd  UKSC 15. Equality Act 2010, s.15, Disability Discrimination, Proportionality.
Nick successfully represented Aster Communities Ltd. on Mr Akerman-Livingstone’s appeals to the Supreme Court, the Court of Appeal and the High Court against the summary dismissal of his discrimination defence against a possession claim. The case concerned the issue of ‘proportionality’ for the purposes of section 15 of the Equality Act 2010.
Southend-on-sea BC v Armour  EWCA Civ 231. Article 8, Proportionality, Introductory Tenancy.
Nick represented Southend-on-Sea BC on appeal to the High Court and to the Court of Appeal against a first instance decision that Mr Armour had a good Article 8 defence to a possession claim on the grounds that he had, after the issue if the claim, not further breached his tenancy.
Chishimba v RB Kensington & Chelsea  EWCA Civ 786
Homelessness, Housing Act 1996, International homelessness
Nick was instructed by RBK&C on Ms. Chishimba’s statutory appeal and her appeal to the Court of Appeal against the council’s decision that she was intentionally homeless. RBKC has petitioned the Supreme Court for permission to appeal the Court of Appeal’s decision; Nick drafted the grounds for that petition. The Supreme Court’s decision on whether to grant permission is awaited.
Obiorah v Lewisham LBC 
Homelessness, Housing Act 1996, discharge of duty.
Nick successfully represented LB Lewisham at 1st instance and on Ms Obiorah’s appeal to the Court of Appeal. Ms Obiorah had challenged Lewisham’s decision to discharge its housing duty to her.
Ofogba v Southwark LBC 
Secure Tenancy, Housing Act 1985. Water Charges.
Nick was instructed by Southwark LBC in this possession claim. Mr Ofogba challenged the lawfulness of some of the sums which the Council has charged him in addition to his net rent, in particular the lawfulness of water charges recovered by Southwark on behalf of Thames Water. The Council won at 1st instance, Mr Ofogba’s appeal to the Court of Appeal was compromised.
RB Kensington & Chelsea v Westwoods Ltd (2012) RPTS, London Tribunal, decision
House in Multiple Occupation (HMO) referral to RPTS
Nick represented RBK&C on this, the first referral by a criminal court for the determination of whether or not particular premises were an HMO for the purposes of the Housing Act 2004.
LB Barnet v Phoenix & Others (2012) Barnet County Court
Nick successfully represented the LB Barnet in these possession proceedings against members of the occupy movement and others who defended the possession claim on the basis of Article 10 and 11. The Defendants’ application for permission to appeal to the Court of Appeal was refused by a single judge.
Southwark LBC v Francis  EWCA Civ 1418
Right to Buy, Housing Act 1985, duty of housing authority.
An appeal by Mr Francis against the 1st instance dismissal of his appeal for damages for Southwark LBC’s failure to admit his right to buy the flat of which he was the secure tenant.
Mr Francis’ appeal was dismissed.
Brent LBC v Shulem B  EWHC 1663 (Ch)
Service charges, Landlord and Tenant Act 1985 s. 20B
Shulem B’s appeal against an interlocutory decision concerning the construction of LTA 85, s. 20B. The appeal decision of Paul Morgan J. is the leading case on the requirements of a notice for the purpose of a notice under LTA 85, s. 20B(2). Nick, instructed by Brent, obtain permission to appeal from the Court of Appeal but the case settled before the appeal hearing.
Nzamy v Brent LBC  EWCA Civ 283
Homelessness, Housing Act 1996, discharge of duty.
A second appeal by Ms Nzamy against the judges’s 1st instance decision dismissing her appeal.
Haringey LBC v Hines  EWCA Civ 1111
Right to Buy, Housing Act 1985, deceit.
An appeal by Ms Hines against the judge’s 1st instance finding that she had not been entitled to exercise the right to buy.
St. Pancras and Humanist Housing Association v Leonard  EWCA Civ 1442.
Proprietary estoppel, adverse possession.
A claim for possession by an RSL of a substantial garage in Hampstead; the trespasser defended relying adverse possession and was opposed on estoppel. The RSL Nick represented won at 1st instance and on appeal.
Compatriot Holdings Ltd. v Santos & Santos  EWCA Civ 683.
Rent Act 1977; new tenancy of different premises.
Appeal on findings of fact of 1st instance judge.
Title Gallions Housing Association v Various (> 400) LON/LV/21-32/05 (Judgment by Professor Farrand QC, dated 21.3.07).
Variation of Leases pursuant to s. 35 Landlord & Tenant Act 1987.
Gallions’ application to vary service charge recovery provisions of> 400 leases granted under Right to Buy provisions by different landlords including the GLC, the LRB and Thamesmead Town so as to regularise them; the applications succeeded.
Denton v LB Southwark  EWCA Civ 623.
Homelessness under Part VII of the Housing Act 1996.
LB Southwark successfully appealed against the 1st instance decision that its s. 202 decision was unlawful and should be quashed. Definition of accommodation it would have been reasonable for the applicant to occupy for s. 191(1) where the applicant has breached ‘house rules’.
LB Haringey v Hickey  EWCA Civ 373.
Secure Tenancies under the Housing Act 1985.
The appeal concerned the construction of the provisions of paragraph 4 to Schedule 1 of the housing Act 1985 ‘exclusions to secure status’.
Crest Nicholson Residential (South ) Limited v McAllister  Civ 410
Restrictive covenants and freehold land.
Francis v Royal Borough of Kensington & Chelsea  EWCA Civ 443.
Subject/areas of law Section 204A Housing Act 1996; interim accommodation
This case concerned the appropriate test to be applied on an application by an applicant for interim housing pending s. 204 Appeal and the court’s jurisdiction on such appeal.
Local Authority possession claim against fully Mutual Housing Co-Op
The former shortlife occupiers of a landmark building in Lambeth are defending possession proceedings in the basis of Art. 8. Nick is acting for the LB Lambeth.
Appeal against summary dismissal of Equality Act defence
Nick successfully represented RSL on an appeal by a tenant against the summary dismissal of his equality Act defence.
Local Authority Service Charges
Nick has represented a London Borough in its claims for service charges from long lessees following decent homes works.
Nick represented a housing charity which had sought to raise the rent of a tenant who did not satisfy the landlord’s charitable aims. Nick prepared a successful application to strike out the tenant’s claim.
Major Stock Transfer RSL v Lessee (RTB).
Recoverability of service charges and variation of leases under s.35 LTA 1987.
Nick is advising an RSL where lessees under RTB acquired leases are refusing to pay service charges for certain of the RSLs costs claiming that the lease does not include an obligation to contribute towards the landlord’s costs of the relevant items. The landlord is an RSL following a major stock transfer of LHA housing stock.
Tenant v LHA v Private Sector Lease Head Landlord.
Disrepair, third party claim.
Nick represented a LHA on the claim by a tenant for disrepair in which he advised that a third party claim be brought against the PSL head landlord. Following a contested trial the court ordered the 3rd Party to indemnify the LHA for all damages and costs paid to the claimant tenant.
Applicant v LHA – Statutory Appeal.
Statutory Appeal pursuant to s. 204 of the Housing Act 1996.
The appeal grounds included the LHA’s use of an external reviewing officer. Nick represented the LHA which successfully defeated the Appeal.
Commercial Head Landlord v Commercial Sub-Tenant.
S. 6 of the Law of Distress Act 1908 and effect of insolvency of intermediate tenant.
Nick is advising a commercial sub-tenant on its status and obligations when its immediate landlord has ceased trading and the head landlord has served a notice pursuant to s.6 of the Law of Distress Act 1908; arising out of the recent collapse of Woolworth plc.
4 LHAs and some RSLs.
Allocation policy pursuant to Part 6 of the Housing Act 1996.Nick was asked to advise on and assist in the drafting of a choice-based allocation scheme for a series of social housing providers.
Commercial Tenant v Commercial Landlord.
Landlord & Tenant Act 1954, compensation.
Nick advised a commercial tenant in relation to its entitlement to compensation where its landlord had opposed the grant of a new tenancy under redevelopment grounds. The landlord was opposing the award of compensation. Nick’s advice secured a substantial payment of compensation for the tenant.
Nick has acted for commercial landlord and tenant clients on mediation in particular in relation to service charges
Nick is on the Committee of the Social Housing Law Association and is a member of the Property bar Association.