Property and Estates
Joshua is regularly instructed in real property matters and neighbour disputes, including:
- Boundary & easement disputes
- Party Wall etc Act 1996 matters
- Charges, charging orders & orders for sale
- LPA Receiver matters
- Equitable interests (eg applications under the Trusts of Land and Appointment of Trustees Act 1996)
- Agricultural tenancies.
Joshua’s practice encompasses the whole range of residential and commercial landlord & tenant advice and advocacy, including:
- Possession & forfeiture
- Tenancy renewal
- Disrepair & dilapidations
- Rent reviews
- Service charge disputes
- Anti-social behaviour
- Unlawful eviction.
Joshua has represented clients in the Court of Appeal and before the Adjudicator to HM Land Registry, as well as the County Court and First Tier Tribunal (Property Chamber). He has particular expertise in social housing (including homelessness, allocations, human rights, and disability discrimination). He accepts publicly-funded housing work, as well as instructions from individuals and local authorities. He has experience of a variety of other property-related matters, from planning breach injunctions to parking enforcement.
Joshua has lectured to solicitors and not-for-profit organisations on all aspects of housing, landlord & tenant and property law. He is happy to provide in-house lectures tailored to clients’ needs. He has spoken at the annual Housing Law Conference (HLPA/Law Society).
- Quashing a local authority’s improvement notice issued under s.11, Housing Act 2004: FTT. (May 2018)
- Establishing a pedestrian right of way across the frontage of neighbouring property by lost modern grant and prescription: County Court. (May 2018)
- 7-day hearing in the FTT representing 64 leaseholders, opposing the reasonableness of on-account service charge demands of up to £34,000 to fund a £3.5m refurbishment of 5 low-rise blocks. The Tribunal reduced the works price by approximately £400,000. (Feb 2018)
- 5-day County Court trial for Claimant, obtaining injunctive relief and damages to halt deliberate interference with the Claimant’s sole vehicular access after 20 years of nuisance. Indemnity costs awarded against Defendant. (September 2017)
- 4-day County Court trial for Claimants in trespass and nuisance, when neighbours erected a fence up to 2m into clients’ land. The crucial section of disputed boundary was determined in the Claimants’ favour when they succeeded in showing that a Defendant had scrubbed out part of the existing boundary hedge. (September 2017)Obtaining a final possession order in 12 days from issue of an injunction application to final order, against a private-sector assured shorthold tenant on the basis of serious anti-social behaviour, involving risk to property and people through fire (May 2015)
- 5-day High Court trial defending a claim in misrepresentation over the sale of a house – whether the vendor had disclosed a history of flooding – including argument over method and quantum of valuation (March 2015)
- Thomas-Ashley v Drum Housing Association Ltd  EWCA Civ 265; (2010) 107(13) LSG 17;  NPC 36: what is the extent of a social landlord’s duty to alter its letting terms under ss 24A and 24D Disability Discrimination Act 1995.
"Your professionalism, thoroughness, tactics and overall performance during the hearing were top notch and I will not be convinced otherwise than that you were the major factor in our being successful in the dismissal of the claim against us."
Direct Access client
‘Tenacious and persistent.’
Legal 500 2019 - Tier 1
"His advice is precise and succinct.'
Legal 500 2018 - Tier 1
- MA Hons, English Literature Corpus Christi College, Cambridge (1991)
- Bar Vocational Course, Inns of Court School of Law in 1997/98.
- Housing Law Practitioners’ Association
- Property Bar Association
- Social Housing Law Association
- London Common Law and Commercial Bar Association
- South Eastern Circuit
Joshua Dubin is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.More Information
3PB’s Joshua Dubin warns local authorities about their right-to-buy lease terms when major works are being planned
3PB’s specialist Property and Regulatory Law Barrister Joshua Dubin warns local authorities about their right-to-buy lease terms when major works are being pl...Read more
The Tenant Fees Act 2019 to be discussed at 3PB seminar on 15 May
On 11th April 2019, the Tenant Fees Act 2019 (Commencement No.3) Regulations 2019 were issued. Louise Worton will be discussing this Act, together with the Home...Read more
Court of Appeal upholds unlawfulness of age assessment: Martin Westgate QC and 3PB barrister Joshua Dubin win for a second time
Martin Westgate QC, of Doughty Street Chambers, and Joshua Dubin, of 3PB’s Public & Regulatory Law Group, have won a second Court of Appeal victory in a ...Read more