Tom Tyson

Call 1995

"an excellent advocate with a very compelling style" Chambers & Partners

Tom  Tyson

EXPERTISE

Housing Law

Tom’s well established practice covers all areas of social housing litigation and landlord and tenant disputes. He regularly writes articles and gives seminars and lectures on all aspects of housing law and is called upon to advise social landlords including local authorities, on matters of policy including homelessness, allocation and registration of social housing providers. His many years’ experience, clarity of advice and pragmatic approach is brought to bear in his particular areas of expertise.

Areas of expertise:

  • Anti-social behaviour possession cases and injunctions
  • Bringing and defending claims in housing cases where the tenant lacks capacity, including community care assessment and provision
  • Claims arising out of the Human Rights Act and Equality Act
  • Claims concerning unlawful eviction
  • Claims for possession and demotion
  • Commercial landlord and tenant disputes
  • Disputes over the right to buy and succession claims
  • Disrepair claims relating to residential premises
  • Public law challenges concerning homelessness and allocation of housing, public law defences to possession claims, s. 204 appeals to the county court and applications for judicial review
  • Service charge disputes and housing regulation maters before the Property Chamber of the First Tier Tribunal

PUBLICATIONS

  • All proportionality defences are equal, but some are more equal than others - Ackerman-Livingstone v Aster Communities Ltd [2015] UKSC 15
  • Magic beans for that cow? - Scott v Southern Pacific Mortgages [2014] UKSC 52
  • Teather’s Tether - Will the Tenancies (Reform) Bill be a sticker?
  • Assistant Editor: "Tolley’s claims to the Possession of Land" (5th Edn 2000-2003)

MEMBERSHIPS

  • Administrative Law Bar Association
  • Yorkshire Housing law Practitioners’Association

LECTURES & SEMINARS

Tom regularly lectures on housing law subjects and is known for his relaxed and amusing style of presentation. Tom is also happy to provide bespoke training to housing providers on areas of particular concern, recently including defending claims for disrepair. Please contact the clerks for further details.

EDUCATION

  • Inns of Court School of Law
  • LLB (Hons) Bristol University

ADDITIONAL INFORMATION

Tom is a liveryman of the Salters’ Company, ECB level 2 cricket coach and an active writer, director and actor.

Clerking team

Paul McNab

Civil & Criminal Silks' Clerk (Leeds)

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0113 3235 955

Lead Civil Clerk

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0191 245 9589

Lead Employment Clerk & Civil Clerk

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0191 300 9359

Clerk (Middlesbrough)

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01642 247 569
  • "He is very approachable and a real expert in his field"

    Chambers & Partners 2022

  • "An experienced social housing litigator who has developed a dynamic practice. He is proficient in dealing with a wide range of matters including unlawful eviction, landlord and tenant issues, and possession proceedings". “He is an excellent advocate with a very compelling style"

    Chambers & Partners 2021

  • "An experienced social housing litigator who has developed a dynamic practice." "A good advocate who is very well prepared and polished." "An approachable and passionate advocate with an in-depth degree of knowledge of housing law."

    Chambers & Partners 2020

Appeal against committal order, sufficiency of evidence and relevance of coexisting criminal proceedings.

Appeal involving the meaning of ‘as if they were civil partners’ in succession provisions; the scope of the proportionality review where the court has already found the defence to be ‘seriously arguable’. (2011 Permission granted by Court of Appeal, compromised before hearing).

Starter tenancy, public law defence, sufficiency of review and whether public law defence limited to Wednesbury unreasonableness. (2013 Permission granted by Court of Appeal for second appeal, compromised before hearing).

Secure tenancy, succession claim, whether foster child a member of the family and entitled to succeed; effect of execution of possession order later set aside; validity of subsequent grant of secure tenancy to third parties.

The scope of Article 8 ECHR as a defence to proceedings against trespassers; effect of Human Rights Act on doctrine of precedent.

Secure tenancy succession, residence criterion.

Non-secure tenant; impact of Articles 6 and 8 ECHR on proceedings for possession.

Extent of court’s discretion to suspend warrants of possession and impose terms; guidelines given for exercise of that discretion.

Anti-social; behaviour injunction; breach; sentencing.

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