Jennifer Moate
- Called: 2006
- jennifermoate@fivepaper.com
“A consummate lawyer who acts for the benefit of the client at all times”
“Jenny is a brilliant barrister and really good on her feet. She has an eye for detail and always anticipates issues before they become problematic. She is a forceful and tenacious advocate in court.”
Chambers & Partners and The Legal 500 UK
Profile
Jenny is a barrister specialising in landlord and tenant, social housing, real property, trusts of land, financial remedies and private children law, with particular expertise in the Equality Act 2010 and domestic abuse.
Ranked as a leading individual, Jenny is highly regarded in the field of social housing, having worked in the sector since 2005. She 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 in the Court of Appeal in Rowe v Haringey [2022] EWCA Civ 1370, [2022] 10 WLUK 270 and as sole counsel in Molloy v BPHA [2021] EWCA Civ 1035 where she successfully defended an appeal against the use of CCTV and committal for racist abuse.
An accomplished webinar/seminar speaker, Jenny regularly presents on upcoming legislation and topical issues. Recent seminars include Costs in Disrepair and Environmental Act Prosecutions, Domestic Violence in Social Housing and the Family Court, Anti-social Behaviour Injunctions and Contempt of Court applications.
Expertise
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 ranked as a leading junior and 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
- Housing conditions, disrepair and environmental health
Recent instructions:
- Rowe v Haringey [2022] EWCA Civ 1370, [2022] 10 WLUK 270 – Jenny (led by Nicholas Grundy KC) was successful in the Court of Appeal in this homelessness appeal on the issue of overcrowding and whether it is reasonable for a homeless applicant to remain in accommodation in an HMO.
- Molloy v BPHA [2021] EWCA Civ 1035 – Jenny successfully appeared as sole counsel in this appeal against the use of CCTV and committal for racist abuse.
- 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.
- 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)).
- 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 and 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 instructions:
- 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.
Inheritance and Trusts
Jenny is the leader of the Family, Inheritance and Trusts team at Five Paper. Her practice includes:
- Cohabitation disputes and other trusts and TOLATA 1996 applications
- Applications under the Inheritance (Provision for Family and Defendants) Act 1975
Further Info
Qualifications
Wadham College Oxford – English BA (Hons) (Oxon)
University of Westminster – Graduate Diploma in Law
BPP School of Law – BVC (Outstanding)
Conferences, Seminars and Webinars
Please contact the clerks if you would like Jenny to to provide training in one of her specialist areas. Jenny has recently given the following webinars:
- Domestic Violence in Social Housing and the Family Court
- Civil Procedure Rules PD 55C
- Anti-social Behaviour Injunctions and Contempt of Court under the new Part 81
- Defending Environmental Protection Act Prosecutions
Professional Memberships
Social Housing Lawyers Association (SHLA)
Family Law Bar Association (FLBA)
Advocate
Middle Temple
Quotes
“Jenny is a brilliant barrister and really good on her feet. She has an eye for detail and always anticipates issues before they become problematic. She is a forceful and tenacious advocate in court.”
The Legal 500 UK 2023