Five Paper
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Jennifer Moate
- Phone020 7815 3200
- Email[email protected]
Position
Jenny is a barrister specialising in social housing, landlord and tenant, trusts of land, financial remedies and private children law, with a particular expertise in mental health, discrimination and domestic abuse. She is Practice Group leader of the Family, Inheritance & Trusts team.
Highly regarded in the field of Social Housing, having worked in the sector since 2005, Jenny is committed to excellent client care and gives realistic, practical advice at an early stage to ensure the best possible outcome. She offers an efficient, digital-based service.
Jenny’s clear-sighted and tenacious approach is welcomed by all her clients, ranging from private individuals to local authorities. She is a skilled negotiator who frequently assists clients to reach successful settlement. Her incisive legal analysis, rigorous preparation and robust advocacy lead to repeatedly excellent results at court. Jenny recently appeared as sole counsel in the Court of Appeal in Molloy v BPHA [2021] EWCA Civ 1035 where she successfully defended an appeal against the use of CCTV and committal for racist abuse.
Social Housing
Jenny is a former member of the housing team at Hodge Jones & Allen Solicitors, where she was identified as a leading individual in the field of social housing. She is regularly instructed by local authorities, housing associations and tenants across all aspects of housing law. Her practice areas include:
- Possession – succession, tenancy fraud and anti-social behaviour
- Public law – homelessness appeals, allocation and Equality Act/PSED/proportionality defences
- Injunctions and committal – ASB, access and breach of tenancy
- Court of Protection and mental health
- Disrepair and environmental health
Recent cases
- Molly v BPHA [2021] EWCA Civ 1035 – Jenny successfully appeared, as sole counsel, in defending an appeal against the use of CCTV and committal for racist abuse.
- Luton v Smith (2020) – Jenny resisted an unlawful discrimination/ PSED defence and secured a final injunction in circumstances where the medical report with details of the alleged medical conditions had been served late (following L&Q HT v Patrick [2019] EWHC 1263 (QB)).
- Peabody v Denti (2021) – Jenny secured final injunctive relief to exclude a tenant who had set a fire in their housing block, arguing that even if there was a diminished risk of repeated behaviour, other residents were at risk of harm due to trauma.
- Grant v L&Q and Usuanlele (2020) – Jenny struck out the EPA prosecution on the basis that the notice fell foul of the requirements in s82(6).
Landlord & Tenant
Jenny has a broad experience of property matters, having specialised in this area for over 15 years, acting for both landlords and tenants. Her practice areas include:
- Landlord and tenant disputes including possession and breach of lease
- Dilapidations, disrepair and environmental health
- Business tenancies – renewal, termination and breach of lease
- First-tier tribunal (Property Chamber) disputes and Upper Tribunal appeals
Family
Jenny is experienced in all aspects of family law, specialising in private client matters. She has a particular expertise in domestic violence and mental health. Her practice areas include:
- Financial remedies upon divorce, from first appointment to final hearing
- Interim applications including maintenance pending suit and freezing orders under s37 Matrimonial Causes Act
- Private Children Act matters including child arrangement applications, relocation, specific issue, parental alienation, domestic violence and Schedule 1
- Family Law Act claims including non-molestation and occupation orders
- TOLATA applications
Recent work:
- P v P (2020) – Jenny secured a worldwide freezing order under s37 Matrimonial Causes Act to prevent the husband from disposing of assets before the conclusion of proceedings.
- Re E (2021) – Jenny resisted an application for a prohibited steps order and secured a child arrangements order in exactly the terms sought by the mother at final hearing, successfully arguing that at age 12, the child’s wishes and feelings should be a leading factor.
- B v U and another (2020) – Jenny won on the preliminary issue at final hearing, striking out the claim by successfully arguing that the written agreements between the parties were unenforceable.
Mediation
Jennifer is a qualified family mediator.
She conducts mediations on a wide range of family matters including divorce, financial settlement, children arrangements and extended family disputes. She is particularly adept at helping clients find creative solutions.
Career
Called 2006; Middle Temple; qualified mediator 2012.
Languages
French.
Memberships
HLPA; founding member of HLPA Junior Group; FLBA.
Education
Wadham College, Oxford (BA Hons (Oxon)); Westminster University (GDL); BPP Law School (BVC Outstanding).