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Jane Emberton



Formerly of RadcliffesLeBrasseur, Jane is a Partner in our real estate team, specialising in all forms of commercial and residential landlord and tenant property disputes, including insolvency.

She acts for a wide variety of major institutional and landowning clients, property developers and charities as well as private individuals and smaller corporate entities.

Jane has a broad range of expertise. Her work encompasses breaches of covenant in both commercial and residential leases, including unreasonably withholding consent, unauthorised alterations, disrepair, and contested dilapidations claims arising at the end of a tenancy.

She also advises on rent arrears and service charge disputes, including advice on the statutory control and management of residential service charges, and in particular, the implementation of major works programmes (and subsequent recovery), and where appropriate, forfeiture proceedings and the preparation and service of s.146 notices, and notices under s.17 of the Landlord and Tenant (Covenants) Act, to include the subsequent grant of overriding leases.

Jane deals with the recovery of commercial and residential property and all proceedings under the Rent Acts and Housing Acts including claims against trespasser/licensees/service occupancies.

She also advises on rights of ownership to land and adverse possession, party wall, minor construction and boundary disputes, nuisance claims and injunctions for trespass.

Jane is experienced in judicial review proceedings.

Recent experience includes:

  • Acting for a major landowner on lease renewals of two 50+ mixed user blocks of offices/shops in central London, including advice on opposed renewals
  • Considering the respective rights of a head tenant and sub-tenants in a mixed user block and successfully opposing the head tenant’s claim for renewal on the basis of its non-occupation
  • Successfully contesting an application to oppose the grant of a new tenancy on ground 30(1)(c) on behalf of a corporate tenant and negotiating a surrender in consideration of a premium of £300,000
  • Clearance of a multi-let mixed user block comprising ASTs, licence agreements, business tenancies and a service occupancy as well as multi-let garages held on individual licences in order to facilitate development
  • Eviction of a local supermarket tenant claiming adverse possession of part of the neighbouring commercial investment property
  • Temporary transfer of Rent Act protected tenants to alternative accommodation in order to carry out major refurbishment to a residential/commercial block
  • Successfully opposing a landlord’s claim for possession against a Rent Act protected tenant and securing a claim for damages arising from the landlord’s failure to repair

Reported cases

  • Turkey [Turki] v Awadh and another [2005] EWCA Civ 382. Successfully defending proceedings for specific performance of an agreement for the transfer of property, on the grounds of undue influence
  • Ben Hashem v Ali Shayif and Radfan Limited [2009] 2FLR 896. Advising a company and its shareholders asserting legal and beneficial entitlement to property where both were disputed by the wife of one of the directors in matrimonial proceedings

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