Jacqueline Rubens

Jacqueline’s practice covers the full range of property, land and planning law, including:

Property Law

• Residential and commercial property disputes

• Leases, including issues of dilapidation and disrepair

• Service charge disputes

• Neighbour and nuisance claims

• Boundaries, easements, rights of way and rights to light

• Rent repayment orders

• Adverse possession and trespass claims

• Social housing and related statutory proceedings

• Houses in Multiple Occupation (HMO) licensing and compliance

Jacqueline accepts instructions to advise and represent clients in all forms of housing, property and land law proceedings. Her caseload regularly includes both private and commercial clients and she is experienced in complex multi-party cases involving long-term tenancies, enforcement issues and property-related negligence.

Planning Law

• Development control and planning enforcement

• Planning appeals and compulsory purchase matters

• Representation for local authorities, developers and private clients in planning inquiries and hearings

Her planning law experience includes advising on enforcement and appeal processes, development proposals, compulsory purchase orders and the impact of planning policies on property rights.

Public Law

• Judicial review related to housing, planning and local authority decisions

Jacqueline’s combined experience in property, planning and public law enables her to advise on cases that cross traditional boundaries, such as challenges to planning permissions or housing enforcement actions.

Jacqueline’s long career in civil litigation spans property, land, planning and commercial contract law, as well as judicial review. She acts for both private and public bodies and has appeared in numerous notable cases, including:

• Circle 33 Housing Trust v Kathirkmanathan [2009] EWCA Civ 921

• Chohan v McManus [2008] EWCA Civ 1657

• R (Chowdhury) v Newham [2003] EWHC 2387 (Admin)

• Connors v Northampton BC EWCA Civ 427

• Paddington Churches HA v Nazli Aydin [2003] 11 LAG 13

• London Borough of Wandsworth v Osei-Bonsu (1999) 1 WLR 1011 (CA)

She has also written and presented extensively within her field, including articles and seminars on tenancy, disrepair, homelessness and enforcement law.

Publications

• “Purchase Price in Enfranchisement Claims: How Realistic”, Landlord and Tenant Review (2005) 9 L & T Rev 72

• “Demoted Tenancies – Part 1”, Housing Law Monitor, September/October 2004

• “Demoted Tenancies – Part 2”, Housing Law Monitor, November 2004

• “Introductory Tenancies – An Update”, JHL 90, 2004

Blogs

• DCLOG v Blackmore (Executrix of Estate of Cyril Hollow, Deceased) [2017] EWCA Civ 1136 – Contributory negligence and asbestos liability

• Yentob v MGN Limited [2015] EWCA Civ 1292 – Part 36 offers – normal rules may not apply

Seminars

• “Localism Act 2011” and “Housing Update”, Pump Court Housing Team Seminars (2013)

• “Disrepair”, Pump Court Housing Team Seminar (2012)

• “Homelessness”, Pump Court Housing Team Seminar (2011)

• “Housing Law Overview”, 6KBW Housing Team Seminars (2009–2010)

• “Tribunals and Enforcement Act 2007”, 6KBW Seminar (2008)

• “Boundaries and the Law”, Arden Property Seminar (2004)

• “CPR Part 55 – Practice and Pointers”, Arden Housing Seminar (2003)

•  Called to the Bar in 1989
•  Administrative Law Bar Association
•  Planning, Local Government and Environmental Law Bar Association
•  Professional Negligence Bar Association
•  Property Bar Association