S K Sivapunniyam

Director
Hackney Office
Tel: 020 7923 8438
Mob: 07920077053
Email:
sivas@duncanlewis.com

Director
Hackney Office
Tel: 020 7923 8438
Mob: 07920077053
Email:
sivas@duncanlewis.com
Siva studied Archaeology and did his M Phil Degree in this subject He qualified as an Advocate of India in 1988 and practised in Administrative Tribunals, High Court of Madras and Supreme Court of India before coming to the UK in 1995. Then he became a Solicitor in 1996. He joined Duncan Lewis in 1999 as a Solicitor. Siva is currently a Director of the Housing department at Hackney Branch.
Siva has been specialising in housing law since qualifying as a Solicitor in 1996. He specialises in housing property litigation covering landlord and tenant (residential commmmercial); possession actions; homelessness; illegal evictions; disrepair; neighbour disputes; property disputes and harassment. He has an interest in duties owed by local authorities to those who are vulnerable and has experience of advising on homelessness and allocation rights and challenging local authority decisions by County Court appeals and/or judicial review. Siva has a special interest in possession related litigation.
Siva currently manages the Housing department, which encompasses senior solicitors, solicitors, trainee solicitors and caseworkers. He is actively involved in training and supervision of the department as well as continuing to practice.
Siva is a member of the Housing Law Practitioner’s Association. He practices in both the High Court and County Courts and has a very high success rate when representing clients at Court. He is also a Duty Solicitor for possession of rental and mortgaged properties in three London County Courts.
In addition to Court and practice work, Siva provides assistance to community organisations in the area.
Siva is fluent in the Tamil language.
Notable cases involved:
Against L B of Islington (JR) with regard to the application of the Council's allocation policy in terms of size of accommodation to be made available to a household including illegal overstayers; definition of "household" under the policy.
Notable public interest:
In a possession claim by London Borough of Hackney:
A female secure tenant with no immigration status was living with her husband and child. She was deported but left her child and belongings at the property. Once she left the UK husband managed to transfer the tenancy in his name. The husband later sublet the property. The lady came back to the UK after nine years but husband refused entry to the property. However she managed entry with the assistance of council. Later council brought possession proceedings against her, her husband the sub-tenant. Siva assisted her in defending the possession claim against her by the council. The matter was listed for a two days Trial at Central London County Court and heard by a High court Judge. I was held that she always had an intention to return to the property and her action though after nine years proved it. Therefore her tenancy was never terminated. The claims of husband as a tenant and sub-tenancy were thrown out of the window. Apart from that the council was constrained to waive the rent for the period husband was alleged to be the tenant. The husband and sub-tenant were evicted. She happily lives at the property with her children. This case shows irrespective of long absence from the property if client would be able to prove the intention to return it would be arguable that the tenancy was never terminated.
Siva has been assisting clients in warrants list where clients have been facing eviction for the last six years. He does this duty scheme for four to six times in a month in Bow County Court. The eviction process is often clients' final attempt to keep a roof over their heads. Mostly clients file an application without much details or having very erratic rent payment history with large arrears.
Siva assists by taking instructions and representing clients quickly. He has assisted clients to set aside possession order and on number of occasions to re-enter the premises after eviction under this scheme. The Community Link organises this pro-bono work but very few solicitors firms participate. Duncan Lewis has carried out this duty scheme for the last six years.
Siva had attended pro bono surgeries in Hackney Community Law Centre, Hackney Victim Support, CABs in Hackney and Mare Street and Kurdish Disability Centre.
Siva likes football and loves cricket.
Siva is personally a member of Housing Law Practitioners' Association. He is also a member of Law Society, Madras High Court Advocate Association and Bar Council of Tamil Nadu
Siva served as a Director of Tamil Housing Association. He used to be a member of Surrey Cricket Club. Siva is also a member of Youth Hostel.