About Jayesh Kunwardia
Jayesh is the Head of the Housing team. He litigates across a broad range of areas in relation to housing and property law disputes, disrepair claims, landlord and tenant disputes, judicial review claims, possession and eviction matters, review/appeals relating to local authority housing decisions, injunctions and planning appeals.
Jayesh has extensive experience of cases which have been decided in the County Court, Administrative Court, Court of Appeal and in The Supreme Court.
Awards & Recognitions
In 2015 Jayesh won the ‘Legal Aid Lawyer of the Year’ award in the housing category. He was awarded ‘Civil Lawyer of the Year 2019’ – Asian Legal Awards.
Jayesh is recognised as a ‘Leading Individual’ in the Chambers UK and Legal 500 who noted my “well-earned reputation for leading claimant work.” He was also described as ” ‘a master tactician’ and ‘a true force of nature in the area’ and has a reputation for handling ‘ground-breaking’ work.”
"Jayesh Kunwardia is able to find novel and challenging cases that really do change the law."- Chambers UK, 2024
"Jayesh Kunwardia is the head of the team and a true giant in the field. He has appeared in many cases in the Supreme Court and the Court of Appeal and has created a body of transformative law for tenants of social housing." - Legal 500, 2024
Notable Cases
- Burgos & Amayo v Secretary of State for Housing, Communities and Local Government and others [2019] EWHC 2792 Admin – application brought under section of the Acquisition of Land Act 1981 to challenge the London Borough of Haringey (Ward Corner Regeneration Project ) Compulsory Purchase Order.
- Regina (Eatherly) v LB Camden [2016] EWHC 3108 (Admin) Planning challenge to the excavation of a basement which was not authorised under “permitted development” rights.
- The Queen on the Application of A v Westminster City Council [2015] EWHC 1765 (Admin) where the defendant council’s allocation scheme for social housing was declared unlawful and the claimant’s right to bid for social housing was reinstated.
- Nzolameso v City of Westminster [2015] UKSC 22, the leading case on the question of whether it is lawful for a local housing authority to accommodate a homeless person a long way away from the authority’s own area where the homeless person was previously living.
- Imran Malik v Joseph McGahan [2013] EWCA Civ 798 which related to a claim for possession against a trespasser and the argument on whether an eviction requiring the trespasser to vacate private land on which they had established a home was not disproportionate. The majority of the Court of Appeal declined to comment on the issue but the minority suggested obiter that the ECHR 1950 Article 8 was capable of application where squatters had trespassed onto a private landowner’s land and established a home.
- London Borough of Camden v Kellie Stafford [2012] EWCA Civ 839, in which the Court of Appeal dismissed the local authority’s appeal concerning the issue over the termination of an introductory tenancy.
- Broomleigh Housing Association Ltd v Okonkwo [2010] 2 W.L.R 749, in which the Court of Appeal offered guidance on the correct exercise of discretion when applying CPR Pt 71, which relates to the Civil Courts jurisdiction to make committal orders. This case subsequently led to fresh guidance being entered into The White Book 2011 edition on committal orders.
Ofulue v Bossert [2009] UKHL 16, which concerned an adverse possession claim and the impact of the without prejudice rule on acknowledgments of title falling within section 29(2) of the Limitation Act 1980.
- R (Limbuela and others [2005] UKHL 66: [2006] A.C 396 in which the Secretary of State’s application of S.55 NIAA 2022 to deny accommodation and support to asylum seekers was held to be unlawful and contrary to Article 3 ECHR.
Client Comments
- “I had an incredible experience with this law firm. When we first approached Jayesh, we were facing a challenging situation, and he took the time to patiently explain everything to us in detail so that we could understand better. He reassured us and made us feel supported. Jayesh showed exceptional expertise, professionalism, and dedication to our case. He was always accessible, and his clear and timely communication made the legal process much smoother. I highly recommend them to anyone in need of top-tier legal representation.”
- “All I sent them was the relevant documents and signed online. They took on my case with care and understanding the detriment it was causing me and my family was a great deal and thankfully with the correct knowledge and law obviously on my side we won and I’ve never been happier with the outcome… so grateful and thank you so much for your gesture and please thank you and your company for such a great outcome. This will really help us to settle into our new home.”
- “The lawyers are very friendly and quick to reply. They solved my case really quickly and kept me informed of everything along the way. Really good lawyers. Very happy with service.”
- “Very pleased with Jayesh. Dealt with my case well and ended up with a great outcome. Always answered emails and calls. If I ever need legal help again I wouldn’t hesitate to come back. Thank you!”
- “Jayesh Kunwardia and his team took on a case that was complex and against an aggressive, uncompromising lawyer. We won through eventually to the great benefit of hundreds of residents on one of London’s most needy estates. It should have demonstrated to a large Housing Association landlord that they cannot bully their residents into submission.”
- “It is actually very difficult to put into words how Jayesh has helped me. He is a man of very great character.”
"Have had a very positive experience HJA when they worked on my case. Jayesh Kunwardia is an excellent solicitor and he fully updated me every step of the way. He was also very easy to contact whenever I needed to speak to him and as well as being extremely professional, he is also very much a people person which gave me confidence from the start. For the duration of my case I also worked with 4 of Jayesh’s trainees, all of whom were excellent. Overall I found HJA to be the most professional and organised law firms I have ever dealt with and I would highly recommend them."
- “Jayesh is a good solicitor, a clever man and has a very strong knowledge of the law. He has helped me and my family very much and we are now so happy to be in the accommodation we have together thanks to Jayesh.”
- “He has devoted a lot of time in helping me to get my views across in my case and I am now in better circumstances thanks to Jayesh.”
- “The most amazing and professional person. He has a lot of time for his clients’ needs.”
Memberships & Appointments
- The Housing Law Practitioners’ Association (HLPA)
- Property Litigation Association
- Member of the Society of Asian Lawyers
- Anti-money Laundering Officer for HJA
- Data Protection Officer for HJA
"Very pleased with Jayesh. Dealt with my case well and ended up with a great outcome. Always answered emails and calls. If I ever need legal help again I wouldn't hesitate to come back. Thank you!"
Career & Personal Interests
Career
- Head of IT & Facilities 2020
- Director – Hodge Jones & Allen Ltd 2019
- Civil Lawyer of the Year 2019 – Asian Legal Awards
- Data Protection Officer – Hodge Jones & Allen 2018
- Management Board 2016
- Member – Hodge Jones & Allen 2015
- Legal Aid Lawyer of Year 2015 – Housing Category
- Head of Social Housing & Property Disputes Team 2014
- Head of the Social Housing Team at Hodge Jones & Allen 2013
- Salaried Partner at Hodge Jones & Allen November 2008
- Associate at Hodge Jones & Allen March 2008
- Joined Hodge Jones & Allen 2007
- Admitted as a Solicitor 2000
Education
- Postgraduate Diploma in Law (LPC) – Guildford 1997
- LLB Honours Degree – London 1996
Personal Interests
In his spare time Jayesh enjoys spending time with his family, gardening and playing table tennis.
Blog
Opinion
Opinion
