Zia Nabi
Practice
Zia specialises in housing, community care and social welfare law.
The majority of his practice consists of public law challenges to decisions of public authorities on housing and community care provision to adults, patients, children, and to persons who are subject to immigration control. He has a detailed knowledge of the Human Rights Act 1998.
He is also regularly instructed in landlord and tenant matters where he specialises in acting for tenants and other occupiers seeking to advance public law arguments. His work includes possession, succession, anti-social behaviour and trusts cases.
What the Guides say:
Zia is ranked in the Chambers UK guide as a leader at the bar in social housing, which records him as “winning praise from some of the most significant figures in the sector” with a “successful track record in a large number of notable cases”.
Peers have commented that “he is committed to helping his clients and getting the best result for them, and often uses innovative arguments that progress the law forward in order to achieve his aims” and stressed his “outright determination to do his best for his client”.
Leading cases
Zia has appeared in many cutting edge leading cases at all levels up to the House of Lords and Supreme Court. Notable cases include: -
> Ali & Others v Birmingham City Council & Secretary of State for Communities & Local Government [2010] 2 WLR 471 SC – whether a decision under Part 7 Housing Act 1996 was a determination for the purposes of article 6
> Ali v Birmingham City Council (2009) CA – whether “inform” and “notify” carried the same meaning in section 193 Housing Act 1996
> MSA v London Borough of Croydon [2009] QBD – need for penal notices on orders of the Administrative Court
> Birmingham v Ali; Moran v Manchester (2009) 1 WLR 1506 HL – statutory definition of “homeless”
> Omar v Birmingham City Council [2007] HLR 43 CA – formal requirements for an offer of accommodation under Part 7 HA 1996
> R (Aweys) v Birmingham City Council [2007] EWHC 50 – leading case on „gatekeeping‟ by local authorities
> Richmond v Kensington & Chelsea (2006) 1 WLR 1693 CA – tolerated trespassers and revival of tenancies
> Phillips v Camden LBC (2005) 4 All ER 1014 CA – procedure on statutory review in homelessness cases
> London & Quadrant Housing Trust v Morgan (2005) 1 WLR 3133 CA - power to adjourn where possession sought under ground 8
> R (Gangera) v Hounslow LBC [2003] HLR 68 QBD – whether article 8 could be raised as a defence to possession proceedings
> Michalak v Wandsworth LBC (2003) 1 WLR 617 CA – whether succession provisions in the Housing Act 1985 breached the discrimination provisions in the Human Rights Act 1998
> R v Tower Hamlets LBC ex p Wahid [2003] HLR 2 CA – extent of duty to provide accommodation under section 21 National Assistance Act 1948
> Alghile v Westminster CC (2001) 33 HLR 57 CA – ability of homeless applicant to accept an offer of accommodation at the same time as requesting a review as to suitability
> Baxter v Camden LBC (No 2) (2001) 1 AC 1 HL – liability of landlord for noise nuisance caused by inadequate sound insulation
> RB Kingston upon Thames v Prince (1998) 31 HLR 794 CA – ability of minor to succeed to a secure tenancy
> Re E (Minors) (Residence: Imposition of Conditions) [1997] 2 FLR 638 CA
Lecturing
Zia has lectured extensively in his areas of expertise. He has spoken at the HLPA annual conference and is due to speak at the 2010 LAG Community Care conference.
Zia was instrumental in 1 Pump Court being awarded a LSC contract for the provision of second tier telephone advice to housing advisers. This involved a nationwide lecturing component.
He has also lectured at Southbank Polytechnic (now University).
Memberships
Zia is a member of HLPA and is an elected member of the Executive Committee. He is also a member of ALBA.
Other activities
Zia was for several years a governor of Shapla Primary School in Tower Hamlets.
Specialisms
Employment
Community Care
Housing
Homelessness
Judicial Review
Mental Health
Welfare Benefits/Social Security
Children
Human Rights
Gypsy Rights
