Victoria Osler
- Called: 2001
- victoriaosler@fivepaper.com
"An excellent technical lawyer. I have a huge respect for her mind, she is an amazing legal brain." "She's wonderful with clients, very personable and friendly but also very clear where the case is at and what needs to be done."
Chambers & Partners 2017
Profile
Victoria has appeared in a number of cases in the higher courts on housing matters, in particular debt relief orders and homelessness, and also has experience in relation to property law, commercial landlord and tenant and leasehold enfranchisement.
Description of Practice
Victoria Osler’s practice involves advocacy, advice and drafting, predominately in property and public law matters, across a broad cross-section of chambers’ property team specialisms. What unites a majority of Victoria’s areas of practice is the need for and allocation of accommodation, whether through the housing legislation or otherwise.
Directory Quotes
“An excellent advocate who really goes the extra mile to achieve the desired outcome. She is astute when dealing with complicated matters and good at explaining risks to clients.” “She is an excellent all-rounder with a pragmatic approach.”
Chambers and Partners 2019
“Has excellent legal knowledge, and yet is always friendly and approachable. She makes clients feel confident and at ease.” “When she is in court, there is a sense that she is in control, as she’s so cool and calm.”
Chambers and Partners 2018
“An excellent technically lawyer. I have a huge respect for her mind, she is an amazing legal brain.” “She’s wonderful with clients, very personable and friendly but also very clear where the case is at and what needs to be done.”
Chambers and Partners 2017
“She’s very good at drafting and technical points, and has achieved some very good results.”
Chambers & Partners 2016
“A resilient and energetic advocate with a particular knack for cross-examination.”
The Legal 500 UK 2019
“She gives straightforward advice, which clients appreciate.”
The Legal 500 UK 2017
“Very able, determined and quick-thinking.”
The Legal 500 UK 2016
Areas of Practice
Administrative & Public Law
The broad umbrella of public law encompasses all of Victoria’s practice: from public law defences in possession proceedings, through claims for judicial review of a local authority’s housing allocation scheme, a magistrates court refusal to make an anti-social behaviour order, and an authority’s discretion to provide interim accommodation pending inquiries as to any homelessness duties they may owe. It is that natural overlap in her practice which enables her to provide comprehensive advice and representation in any given topic.
Victoria regularly appears in the Administrative Court. She represented the claimant in Babakandi v Westminster CC, [2011] EWHC 1756 (Admin), LTL 12/7/2011 : (2011) NPC 70 : (2011) ACD 99, a challenge to the local housing authority’s housing allocation scheme, and acted for the authority in their defence of their allocation scheme in Prassanan v London Borough of Newham, CO/993/2008. She appeared for the local authority in their opposition to a judicial review of a magistrates’ court decision to grant an anti-social behaviour against a minor, R (on the application of K) v Oxford Crown Court & Oxford City Council, CO/8359/2009 and the applicant in a case stated against a magistrate’s decision to vary an anti-social behaviour order R (on the application of J) v Birmingham City Council, CO/11988/2009. Victoria appeared for the claimant in Halder v Westminster CC (2011) CO/1839/2011, which concerned a Claimant’s challenge to the authority’s refusal to provide him with interim accommodation under the homelessness provisions.
Housing
Victoria’s practice covers all aspects of housing law, from first instance possession actions, through anti-social behaviour, unlawful eviction, to homelessness and allocations. Victoria has advised and represented clients on housing matters as diverse as housing management, debt relief orders, allocation schemes; leases and tenancy agreements; rents and service charges; security of tenure; possession proceedings; right to buy; housing conditions and disrepair; unlawful eviction; housing benefit. She has both brought and defended possession claims on the basis of arguments arising from Art.8, European Convention, and the proportionality of eviction; she has also brought and defended numerous public law challenges, including cases based on failure to follow allocation policies, anti-social behaviour polices and failure to comply with homelessness duties. Victoria has also brought and defended disrepair claims.
Cases within the last few years include: Sharples v Places For People Homes Ltd: Godfrey v A2 Dominion Homes Ltd (2011) LTL 15/7/2011: (2011) HLR 45, a Court of Appeal decision concerning the impact of debt relief orders on a social landlord’s ability to recover possession on the basis of rent arrears;Abdullah v Westminster CC [2011] EWCA Civ 1171, LTL 19/10/2011 regarding the interplay between matrimonial home rights and the homelessness legislation;Hanton-Rhouila v Westminster CC, [2010] EWCA Civ 1334, CA, LTL 24/11/2010 : (2010) NPC 117, (2011) HLR 12 regarding the controversial topic of gate-keeping within the homelessness arena;Herelle v South London Family Housing Association Ltd, CC/2009/PTA/0737 regarding an authority’s obligation to repair where the damp in issue was both condensation and penetrative; Couzens v Colchester Borough Council, B5/2009/0962, regarding an applicant’s priority need for housing.
Land & Property
Victoria’s Property work includes matters such as: mortgage possession proceedings; disputes as to the beneficial ownership of properties (arising out of disputes between the joint owners themselves or in the context of claims by mortgagees); trusts of land; propriety estoppel; claims arising out of contracts for sale of land; boundary disputes; claims for adverse possession. Victoria has represented clients in the LVT on service charge and leasehold enfranchisement issues.
Victoria’s recent cases in this area include: Harrogate v Cartledge, 7HG04050, High Court, 10th June 2008, which addressed whether an authority were estopped from denying the Defendant a right to succession of her late mother’s home, Senpalit v Demirkiran, B5/2008/1751, regarding the renewal of a business tenancy, and Andre v Robinson, 2007/0772,Court of Appeal, 14th December 2007 concerning the surrender and re-grant of a protected tenancy. In relation to LVT work Victoria’s recent cases include Longmint v Rye LON/0/LSC/2011154, Unicourt Ltd v Bernhard Baron RTM Company, LON/OOBG/LRM/2007/0005, Lands Tribunal,Leaseholders of Spa Green Estate v London Borough of Islington,LON/00AU/LSC/2006/0269, Leaseholders of Ingestre Road v London Borough of Camden, LON/00AGL/LSC/2007/0266, Lascelles v Village Estate Management Co Ltd & Oriel Drive Management (c) Co Ltd, LON/00BD/LKSC/2008/0141, Leinster Square v Goldblock Investments Co Ltd DD/LON/00BK/OCE/2007/0379, 5 Burnham Court v Burnham Court Ltd, LON/00BK/OLR/2007/232, Noel v Sheffield City Council,MANLOOCG/LSC/2009/008, Grant v Sheffield City Council, MAN/00CG/LSC/2007/0013, Thurleigh Court v Breanstar, LON/00BJ/OFR/09/0003.
Academic Background
Pembroke College, Cambridge – MA, Theology.
Middle Temple Queen Mother’s Scholar, Harmsworth Entrance Exhibitioner of the Middle Temple.
Publications
Victoria was the Assistant Editor of the Housing Encyclopaedia; a contributor to the housing aspects of the new edition of Jowitts Dictionary of English Law, and co-author of Blackstone’s Guide To The Anti-Social Behaviour Act 2003.