Emma Godfrey

Practice Areas

Emma Godfrey specialises in housing, local government and property law. She undertakes advocacy, drafting and advisory work for a wide range of clients, including local authorities, public and private sector landlords and tenants, companies and individuals.

She appears in courts and tribunals at all levels, from the FTT and county court to the Court of Appeal and House of Lords.

Emma regularly acts in judicial review claims with a particular emphasis on housing. She advised the local authority in R (oao MIV and others) v LB Newham [2018] (a claim for damages under Human Rights Act 1998 in respect of accommodation provided under s.17 Children Act 1989).

Emma’s caseload includes matters related to possession, allocations and homelessness applications, housing conditions and disrepair, anti-social behaviour, service charge disputes, leasehold enfranchisement and rights of way.

Professional Memberships

· Property Bar Association

· Social Housing Law Association

Publications

Emma has been co-author of Tolley’s “Claims to the Possession of Land” (5th Edn) for more than 20 years.

Career

Emma's notable cases include:

Patel v LB Hackney [2021] EWCA Civ 897 (assessment of affordability of accommodation for purposes of determining whether applicant for assistance under Part VII Housing Act 1996 had become homeless intentionally)

Mitu v LB Camden [2011] EWCA Civ 1249; [2012] HLR 137 (construction and application of r.8(2) Allocation of Housing and Homelessness (Review Procedures) Regulations 1999)

Burton v LB Camden [2000] 2 AC 428 (whether joint secure tenant can “release” interest to the other joint tenant, thus avoiding s.91 Housing Act 1985 restrictions on assignment).