Use of S21 Notices to continue for a while yet… – Section 21 Update Article – Jane Talbot
Jane Talbot provides an update on the use of Section 21 Housing Act 1988. To view the article, please click here.
Read moreJane 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.
Qualifications
Birmingham University LLB (Hons) Law
De Montfort University – LPC
Awards
Associate Solicitor of the Year 2014
Recommendations
Chambers and Partners 2023: “Jane is a well-polished advocate with a manner which is well liked by clients. She is able to consider creative solutions to complex problems and understands the inner workings of social housing providers inside out.” “Jane provides sharp and focused advice and has a real understanding of the client’s predicament around commercial realisms.” “She is very hard-working and good with clients.”
Legal 500 2023: “Jane is a well-rounded barrister who can consider the issues from both the perspective of a solicitor and a barrister and that places her in an excellent position of understanding.”
Chambers &Partners 2022: “Jane is a top-rate advocate, and she is very thorough and very passionate about achieving results.”
Legal 500 2022: “Jane is a pleasure to work with. She manages complex matters with ease and has a reassuring and calm manner which is a real pro.”
Chambers and Partners 2021: “She is very thorough, extremely personable, excellent with clients, very good on her feet and a very safe set of hands. She is very good technically and puts a lot of effort into research.”
Legal 500 2021: “Considers the practicalities of a case as well as its legal elements, and understands the issues from a solicitor’s perspective as well.”
Chambers & Partners 2020: “A gifted barrister with great talent not only on her feet but also with her friendly and reassuring approach with clients.” “Very thorough and willing to go the extra mile.”
Legal 500 2019: “A very good advocate with great attention to detail.”
Chambers & Partners 2019: “She has a wealth of experience and is a very capable advocate.” “Very professional and helpful.”
Legal 500 2018: “‘A strong and approachable advocate.”
Chambers & Partners 2018: “She is an absolute star and has seamlessly made the transition from solicitor to the Bar. She really knows her stuff, housing-wise. 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.”
Legal 500 2017: “She has an excellent rapport with clients.”
Publications and articles
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.
A selection of her articles (written during her work as a solicitor) are below:
June 2017
Writing in the Resolve ASB newsletter, Jane Talbot looks at the interplay between anti social behaviour, housing and domestic violence. To read the article in full click here.
September 2014
A profile on Jane Talbot when she was appointed as The new chair of the Law Society Housing Law Committee. To read the profile in full, click here.
February 2013
Writing in the Guardian newspaper, Jane Talbot (nee Plant) discusses how anti-social behaviour laws impact on situations with nuisance neighbours. This article was published after Jane gave evidence to the home affairs select committee on 15th January 2013. To read the article in full, click here.
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