Sally Blackmore

Call date: 2003
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Areas of Practice

Profile

Qualifications:

BA (Hons), English, Goldsmiths College, University of London – 1992

MA, Medieval Studies, University of Bristol – 1993

PGDL, City University – 2002

BVC, University of the West of England – 2003

Sally has been a member of Chambers since 2012 and is in the commercial and chancery, property practice groups and public law and local government groups. She acts for landlords, tenants, authorities and applicants in private and public law matters and has developed particular expertise in dilapidations, deposit issues under the Housing Act 2004 and in landlord and tenant matters which involve an element of public law, including human rights issues. Her property work includes all aspects of real property, landlord and tenant (both commercial and residential) and trusts. She has a wealth of experience in public law including environmental health, housing, homelessness, community care and human rights law. She has considerable experience of training on the areas in which she practises both for chambers’ seminars and in-house for solicitors and local authorities.

Current & Recent Work

Property, Commercial and Chancery

Boundaries: Sally advised and represented the claimants in an extremely acrimonious dispute arising out of their vendor’s failure property to register the boundaries to the property as he had represented them to be to the clients and believed had been represented to the defendant.  The claim took in adverse possession, estoppel and boundary agreements and, more tangentially, trespass, intimidation and harassment.

Trespass: A landowner had died leaving land to his children in his will.  Prior to his death, he had allowed a number of travellers onto the land intending that it be licensed as an authorised site.  No licence was ever granted and his children wished to evict the travellers who remained.  Sally advised the children and subsequently represented them in a successful claim for possession.

Enfranchisement: Sally advised long-leaseholders in a dispute as to whether the original guarantors of the tenants’ covenants should be guarantors under the new lease.

Trusts: Sally advised a client who had provided money to clear his then partner’s mortgage in return for a share in that property.  There was evidence to support the existence of an express trust, a constructive trust and a claim on the basis of proprietary estoppel.

Possession (tenancy deposits): Bazzinotti & Bazzinotti v Foster; Faramarzi & Ghorashi v Mojtahed Zadeh (2014) – represented the Defendant in each case in a claim for possession where the defence was, primarily, based on an argument that there were successive tenancies, the landlord had breached the deposit regulations in respect of each tenancy and damages should be calculated on a cumulative basis. Both matters were settled by consent.

Possession (construction of lease/agreement): Sally has recently been instructed by a defendant whose defence rested on the construction of a break clause in her lease and for another whose landlord has brought a claim using the accelerated possession procedure where the tenancy concerned appears not to be an assured shorthold.

Succession: Sally deals with succession issues in respect of local authorities, housing associations and private landlords.  She has most recently advised a man who claims to have succeeded to his mother’s Rent Act tenancy.

Social Housing, Public Law and Regulatory (including human rights)

Possession/public law: Optima Community Association v Ker [2013] EWCA Civ 579 (junior counsel for Ms Ker) – human rights defence to a claim for possession brought under the accelerated possession procedure where the tenant had contributed to a “deposit incentive” as a part of her monthly rent; junior counsel for Ms Ker in the Court of Appeal.

Leicester City Council v Shearer [2013] EWCA Civ 1467 (junior counsel for Leicester) – trial of claim for possession against a trespasser married to the deceased tenant who had not been living with him at the time of his death.

Sally has recently received instructions for a defendant in a claim brought by a local authority where the relevant accommodation is temporary accommodation pursuant to s.193, Housing Act 1996.  There are issues concerning the affordability of the accommodation.

Possession (anti-social behaviour):  Home Group Limited v Matrejek.  Sally has been advising representing the Defendant in this dispute since 2010, when the claimant housing association commenced proceedings against Ms Matrejek for an anti-social behaviour injunction.  Several procedural issues have arisen along the way.  Most recently, in the current proceedings, Sally settled an appeal against a circuit judge’s decision to grant the housing association relief from sanction having previously dismissed the claim for possession when the claimant failed to attend a directions hearing.  The matter was granted permission on the papers and was heard at the end of October. In February, Sweeney J dismissed the appeal finding that the circuit judge’s decision that the housing association just about had a good reason was sound.  An appeal has been lodged with the Court of Appeal.  Permission has been refused on the papers, but the renewed application will be heard at the beginning of December.

Homelessness and allocation of housing: Sally has recently advised and represented a local authority in a matter whereby the applicant claimed that she was eligible for an allocation by reason of her husband’s status in the UK and her own entitlement to benefits.  The claim was refused permission as totally without merit.  She has substantial experience in appeals under s.204 for authorities and applicants.  Most recently, she has settled a claim for judicial review against an authority that had refused to provide accommodation pursuant to s.188(1) and a s.204 appeal in respect of a finding of intentional homelessness where the applicant was said to have taken on a property that she could not afford.

Housing benefit: Sally has most recently advised on the entitlement to receive housing benefit of an Ecuadoran national married to a UK national.

Community care: Sally has recently advised in a matter concerning an overstayer whose children had been removed from her care.

Sally appears in the residential property tribunals, county courts, the High Court and the Court of Appeal.

Directory Comments

“She’s such a thorough and pleasant opponent,”
Chambers UK 2014 – Social Housing

Professional Memberships

Chancery Bar Association

Administrative Law Bar Association

Property Bar Association

Housing Law Practitioners Association

Sally has been a member of the Islington Legal Advice Centre since 2004.

Additional Information

Before becoming a barrister, Sally was an English language teacher working in Greece, Estonia and Cameroon.  Her Greek is now appallingly bad, but her Estonian is passable and her French benefited greatly from time spent haggling in Cameroonian markets.  She still enjoys travel and hopes to pass this on to her two very young children along with a love of books, the theatre and good food.