Profile image of Peter Marcus
Peter Marcus
Call 2004
Specialisms: Housing Law, Administrative & Public, Regulatory
Peter Marcus CV
Download as a PDF

Contact

Tel: 0113 323 5955


Email

P.Marcus@trinitychambers.co.uk

Peter Marcus


Highly experienced in all aspects of housing and anti-social behaviour law, acting for landlords and tenants, public and private sector, in civil, criminal, crown and appeal courts.

Recently acted in particular for public and private landlords, leading the fight against the wave of CFA disrepair claims sweeping the country (with defences, applications to strike-out cases and/or experts, allocation hearings, adverse & wasted costs orders, injunctions, trials, appeals, etc).

Peter has always worked solely in housing and anti-social behaviour matters. He spent his working life before coming to the bar in housing, one way or another – as voluntary campaigner, research assistant to Government regeneration studies, local authority housing & regeneration manager, and as national research manager for the Joseph Rowntree Foundation.

Peter enjoys speaking at housing law conferences, doing national and local, in-house training (court skills, latest legislation, disrepair, etc), and is a confident mediator (CEDR).

His advice, drafting, and other written work is quick, accurate, and effective in person, on paper, and in court. He is always accessible to clients and welcomes clients’ queries and requests, and is happy to give formal and informal frank, pragmatic and tactical advice from before a case is started and while it develops. He is happy to travel, and accept instructions throughout the North-West, North-East, Yorkshire, East Midlands, Lincolnshire, North Wales and, if asked, well beyond.

As well as excelling on substantive law, he is also good on points of civil procedure, evidence, costs, and other aspects of running and winning cases, effectively and economically, getting costs against opponents wherever justified.

SPECIALISMS - Housing Law

Residential Possession

Peter deals with all aspects of Residential Possession, including:

  • All residential tenancies or licences
  • Discretionary or mandatory grounds
  • Tenancy fraud
  • Trespassers
  • Public Law Defences, including Human Rights/Proportionality & Equality Act
  • Cases involving tenants lacking mental capacity
  • Hoarding
  • Tenancy breach

Disrepair

Peter deals with all aspects of disrepair, acting on behalf of social landlords (and, less frequently private sector tenants and landlords) and lessees/lessors, including:

  • Strong, thorough, quick, and effective defences to claims and counterclaims, with quick, reliable advice on merits and quantum
  • Strike-outs (of remedies, experts and cases), allocations, injunctions & and other tactical defence responses
  • Experienced at fighting on paper and in court for public landlords against CFA and other claims-handler cases
  • The new Homes (Fitness for Human Habitation) Act

Anti-Social Behaviour

  • All aspects of the 2014 Act, Parts 1 to 6, including everything to do with injunctions & committals, absolute grounds, closure orders (houses, flats, legal high shops, brothels, hostels, hotels)
  • Gang Injunctions
  • Protection from Harassment Act 1977
  • Statutory Nuisance (EPA 1990) prosecutions

Additional Areas

  • Injunctions & Committals in relation to tenancy breach (eg, access for repairs, works, gas, electric, hoarding)
  • HMO and selective licensing prosecutions and appeals
  • Unlawful Eviction (for landlord or tenant), including emergency injunctions
  • Right to Buy
  • Vexatious Litigants and other persistent nuisances
  • Succession
  • Leases & Forfeiture, incl applying/opposing relief from forfeiture
  • Mediation
  • Unfair Tenancy Terms and the Consumer Rights Act 2015

WHAT OTHERS SAY

"Highly experienced in both defending and bringing possession claims." Legal 500 2020
"Covers a wide range of housing cases across the Northern Circuit and further afield. He attracts a wealth of praise for his tenacious approach and skilful handling of clients and witnesses. His recent work includes a number of possession claims."
"impressive because of his ability to empathise with the witnesses and treat them as human beings who have suffered a great deal."
"He drafts complex pleadings with tremendous accuracy and a quick turnaround."
"He will always fight hard for his clients' interests." Social Housing, Chambers & Partners 2020

NOTABLE RECENT CASES

Mouhtadi v SOUTHWAY HOUSING TRUST (HHJ Khan, Manchester County Court) - 2019
Fast track trial win against CFA-funded tenant, with costs paid to the social landlord by the CFA solicitor.

INQUEST (Coroner’s Court) - May 2019
Represented the interests of a supported housing scheme run by a national housing association, in a 3-day, Article 2 inquest into the death of a tenant. Involved examination of actions taken by NHS and Probation regarding the diagnosis and treatment of drug-related mental illness.

LIVIN HOUSING LTD v CY (Durham County Court) - March 2019
Injunction, then Possession Order successfully gained in order to remove borderline capacity elderly tenant and mentally ill daughter living in catastrophic squalor from hoarded, neglected and disastrously unhygienic house.

HOME GROUP v Winfield (West Cumbria County Court) - 2018-2019
A successfully resolved (mediated) multi-track claim with a disrepair PI Counterclaim of over £½ million.

KIRKLEES MBC v R & R (Huddersfield County Court; High Court, Leeds) - 2018-2019
Possession successfully granted after 5-day trial against tenant for abandonment and suspected RTB scam. (Now representing the local authority in committal proceedings against tenant and sister for false statement and unlawful interference with administration of justice).

Fleet v STOCKPORT MBC (Stockport County Court) - 2017- 2018
Defeated CFA-funded disrepair claim. After 3 successful hearings was ordered over £10,000 wasted costs against Cobleys solicitor.

NOTTINGHAM CITY COUNCIL v Norozee (County Court, Nottingham) - 2016
Outright possession against secure tenant following long-term unlawful tampering with district heating system.

HOME GROUP v Brookes (County Court, Birmingham & High Court appeal) - 2016
Successful possession action against young woman in homelessness hostel – involved determining that exclusive right to occupy was neither tenancy nor non-excluded licence.

MUIR HOUSING v Fletcher (County Court, Liverpool) – 2016
Civil Restraint Order against housing association’s long-term vexatious complainant tenant.

Affinity Sutton v BELL (County Court, Hull) – 2015
Long-running case, acting for very vulnerable man initially who was wrongfully imprisoned without representation for breach of anti-social injunction. Successfully resolved in partnership with many other agencies.

MANCHESTER CITY COUNCIL v Graeme Wilson (County Court Appeal, Manchester) – 2015
Anti-social and criminal secure tenant. Got outright possession at trial, beat tenant’s appeal, defeated tenant’s application to suspend, defeated tenant’s 2nd appeal. Recovered costs for landlord against Legal Aid Agency, twice.

CITY WEST HOUSING TRUST v Massey [2016] EWCA Civ 704 (Court of Appeal)
Re-defining the judge’s use of discretion to suspend possession order, particularly when tenant gives dishonest evidence and relies on “landlord inspection” conditions (eg following cannabis farm).

SALFORD CITY COUNCIL v Birdsall & co (County Court, Manchester) – 2014
Acted for applicant local authority against 4 defendants to gain Gang-related Violence Injunctions and numerous convictions and custody for breaches.

ADDITIONAL INFORMATION

Peter can accept instructions directly from non-solicitors, through Direct Access.

He advises public landlords on tenancy agreements, particularly in relation to unfair tenancy terms.

  • Middle Temple Scholarships and Awards Committee
  • Lord Neuberger’s Entry to the Bar Committee (Bar Council)
  • Derek Woods QC’s Review of Pupillage Committee (Bar Standards Board)
  • Received two major Middle Temple scholarships and passed the Bar Vocational Course with “Outstanding” (Manchester, 2003)