Jane Talbot

Jane Talbot  has specialised in Landlord and Tenant law since qualification, acting for Local Authorities, Private Registered Providers, private landlords and tenants. Jane has a high profile for such work and has been at the forefront of emerging legislation by virtue of her position as member and later, Chair of the Law Society’s Housing Committee (a role held from 2008-2017). In this role, Jane gave evidence to the Home Affairs Select Committee on the implications of the Anti Social Behaviour Crime and Policing Act 2014 and has also given evidence to the Welsh Government on the Renting Homes proposals.

Jane regularly acts in relation to complex possession, injunction (adults and youths), disrepair, unlawful eviction, succession as well as providing advice, reviewing policies and procedures and drafting occupation agreements. Jane also regularly provides training on property issues to solicitors and housing providers.

Jane has a particular interest in cases involving capacity issues, allegations of discrimination, Equality Act and Public Law challenges. Jane lead on the Court of Appeal case of Knowsley Housing Trust v McMullen (2004) and sat on an advisory panel drafting the guidance to accompany the Equality Act 2010 for the housing sector. Jane has been involved in several cases in the Court of Protection where best interests decisions have been made in relation to a tenant’s occupation of rented accommodation and has knowledge of the Local Authority duties under the Care Act 2014 in relation to safeguarding vulnerable adults.

Jane has written numerous articles on landlord and tenant issues in publications such as Inside Housing and the Guardian. Jane also speaks at both regional and national events.

Jane also accepts instructions in relation to the Tribunal claims dealing with service charge disputes, leasehold enfranchisement and right to manage applications.

Jane also accepts instructions in commercial property, boundary disputes, right to light, nuisance and easements.

Notable Cases

Mohamed Abdulrahman v Circle 33 Housing Trust Ltd (2017) CA (Civ Div)

Wolverhampton City Council v Lake (2018) Jane acted for the Local Authority in this matter. The Respondent was arrested after he drove recklessly at speeds of excess of 80 miles per hour in a 30 zone in breach of a county wide car cruising injunction that resulted in him crashing into a car during a police chase.  The occupants of the car were an elderly couple who fortunately only sustained minor injuries.  He was produced before the High Court where he admitted the behaviour. HHJ Worcester said that the Injunction was to promote road safety, prevent nuisance and to keep the roads and road users safe.  He found that the breach was deliberate, the Defendant was not a spectator and actively took part in a serious breach of the Injunction.  It was found that the Defendant did apologise and showed remorse soon after the incident.  The Judge sentenced him to 4 months immediate imprisonment but reduced by a quarter to three months for his remorse and early plea.  This was the first immediate custodial sentence imposed in respect of the black county car cruising injunction. For media coverage please click here.

Jane Talbot has substantial experience in property litigation disputes including boundary disputes, trepass, adverse possession, forfeiture and trusts of land. Jane regularly appears in the county court obtaining possession of licensed premises and in the property tribunal with regard to highly complex boundary disputes. She also provides written advice on such issues. Jane is also regularly instructed to appear in the high Court to obtain possession orders of commercial land where trespassers are present. This involves urgent applications and Jane is praised for her efficient, client focused approach.

A recent instruction was defending an injunction claim in the High Court for failure to insure a commercial building with sitting sub-tenants: Monopro Ltd v (1) Central Hall Developments Ltd (2) Jagtar Singh (2017) [2017] EWHC 1509 (TCC) QBD.

Jane is highly regarded for her property litigation work and always goes “the extra mile” for clients. Chambers 2018 notes a client endorsement “When we instruct her I always sleep much sounder knowing that she’s on board to fight our corner. No problem I’ve approached her with has been too tricky”.