James Byrne

James has an interest in both residential and commercial Property matters. He receives instructions in housing cases and undertakes trials for possession orders, applications for anti-social behaviour injunctions, and committal proceedings. He has also appeared in cases arguing points of public law, human rights and equality act defences. He has advised on homelessness appeals and unlawful eviction. He has been involved in possession cases involving secure tenancies, assured tenancies and starter tenancies; including over-occupation and right to buy.

In private residential property James has dealt with licences, tenancy deposit disputes, the validity of section 21 notices and enfranchisement of leasehold land.

In commercial property James has experience of business tenancies and forfeiture, including the drafting and advising on a section 146 notice under the Law of Property Act 1925.

James also has experience of possession proceedings as part of management of local authority Gypsy and Traveller sites and Mobile Homes law.

As part of his housing work on anti-social behaviour injunctions, James has also appeared in proceedings on behalf of local authorities undertaking prosecutions under the Environmental Protection Act 1990 and closure orders in the Magistrates Court.

James also drafts pleadings and advices on disrepair issues, has experience of claims of disrepair in housing and has advised on potential hazards under the Housing Act 2004. He has also appeared at hearings in the magistrates court on behalf of landlords in connection with proceedings brought by tenants in respect of alleged statutory nuisances under section 82 of the Environmental Protection Act 1990. James has experience on advising on regulatory housing offences under section 234 of the Housing Act 2004.

James acts for both landlords (both public and private) and tenants and accepts instructions in civil Legal Aid work.

Before joining the Bar, James volunteered at the Avon and Bristol Law Centre in the Housing Law Team, later working as a paralegal in the Community Care Team. During this time he was involved in drafting judicial review applications challenging local authority decisions on housing allocation, working on cases involving disrepair and advised on the recovery of housing deposits. During his time with the community care team he worked on cases which involved challenging local authority decisions on the assistance offered to clients under community care law.

James has appeared in applications for; possession against trespassers (including an injunction preventing return); and for an interim possession order against trespassers under Part 3 of Part 55 of the Civil Procedure Rules.

James is keen to build on this experience and accepts housing and property instructions commensurate with his year of call and has a particular interest in appropriate level community care work.

Selected cases:

• Northwood Solihull Ltd v Fearn (and others) (2020) EWHC 3538 (QB)
• Festival Housing Ltd v Baker (2017) EW Misc 4 (CC) (8 February 2017)
• Wolverhampton City Council v Taylor (and others) (2016) EWHC 878 (QB)