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Hassan Dervish, Duncan Lewis

Hassan Dervish

Director & Solicitor

Contact Information

Profile / Experience

I am a Director of Housing at Duncan Lewis Solicitors. I have over 20 years of post-qualification experience and specialise in all aspects of housing litigation and tenant/landlord disputes.

I act for both landlords and tenants in matters including adverse possession, possession and forfeiture proceedings, service charge disputes, disrepair, bringing and defending injunctions, boundary disputes, property nuisance/negligence claims, injunction and committal proceedings.

I am dedicated and determined to achieve the best possible outcome for my clients.



Education

  • Postgraduate Diploma in Legal Practice (LPC)
  • BA (Hons) Law with Philosophy

Career

  • Appointed Director at Duncan Lewis (2024 - Present)
  • Wannops LLP, Worthing (2022 - 2024)
  • Metropolitan Thames Valley (In-House), London (2009 - 2022)
  • Brent Community Law Centre, London (2008 - 2009)
  • Derbyshire Housing Aid, Derby (2003 - 2008)
  • McGrath and Company, Birmingham (2002 - 2003)
  • Clinton Davis Pallis, London (1998 - 2002)

Notable Cases

Court of Appeal
  • Metropolitan Housing Trust v Djilali Hadjazi [2010] EWCA Civ 750 - Lead Solicitor - The Court of Appeal handed down a ruling that there was no ambiguity in the wording of ground 14A in Pt II of Sch 2 to the Housing Act 1988, which could be interpreted so as to favour the party which had been violent or threatening towards the other party to the relationship, thereby causing the other party to leave the property in which they had lived together. The Appeal succeeded.

  • Avon Ground Rents Limited v Metropolitan Housing Trust & Ors [2018] UKUT 92 (LC) - Lead Solicitor - The Court of Appeal ruled that a service charge provision in the lease should be interpreted so as to prevent double recovery, therefore the landlord may be required to give credit for third-party funding received in respect of the works and reduce the service charge payable by the leaseholder. This could include insurance payouts, as well as warranties and public sector funding. Successfully defended the Appeal.

Civil Court
  • Halifax v Salt, Shelter Housing Law Update December/January 2007/2008 issue 32 - Lead Solicitor - The Appeal Judge reaffirmed the Court of Appeal decision that the starting point for the court in determining a reasonable period for repayment of arrears is the remaining term of the loan. The outright possession order was successfully set aside and the Defendant was given time to pay.

Interests

  • Running
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