The legal shifts reshaping the UK’s real estate disputes landscape

Ashurst Legal Outlook Podcast

Explore the pivotal legal challenges and anticipate risk areas that are set to define the UK real estate disputes in 2025, from sustainability mandates to tenant insolvency and landmark legislative changes.

The UK real estate sector is poised for significant legal developments in 2025. Ashurst’s specialist real estate disputes lawyers Alison Hardy, Joe Perry-Courtade, and Debbie Eliad unpack the key legal issues, trends, and cases shaping the industry. From the push for net zero to the latest developments in tenant insolvency, this discussion provides insights to help stakeholders navigate an evolving landscape.

Episode talking points include:

• Net Zero Targets: The growing focus on energy-efficient retrofits and sustainability is driving disputes over stranded assets, demolition vs. retrofitting, and service charges for funding upgrades.

• The Building Safety Act: Key rulings like Triathlon Homes are reshaping landlord and developer obligations, with significant appeals expected in 2025.

• Service Charge Disputes: Cases such as Brewster House highlight the tension between landlord obligations and tenant liabilities for structural defects.

• Landlord and Tenant Act 1954 Consultation: Proposed reforms could dramatically alter security of tenure rights in the commercial leasehold market.

• Telecoms Code Challenges: Disputes over old agreements, leases, and renewal rights remain contentious, with key clarifications needed.

• Tenant Insolvency and Restructuring Plans: The Cineworld case showcases how restructuring plans are impacting landlords and tenants, with valuable lessons for proactive negotiation.

List of cases discussed:

· Triathlon Homes LLP -v- Stratford Village Development Partnership and others [2024] UKFTT 26 (PC)

· Adriatic Land 5 Limited -v- The Long Leaseholders at Hippersley Point [2023] UKUT 271 (LC)

· The London Borough of Tower Hamlets -v- Lessees of Brewster House and Malting House [2024] UKUT 193 (LC)

· AP Wireless -v- On Tower UK Limited [2024] UKUT 263 (LC)

· Gravesham Borough Council -v- On Tower UK Ltd [2024] UKUT 151 (LC)

· UK Commercial Property Finance Holdings Ltd -v- Cine-UK Ltd & Anor [2024] EWHC 2475 (Ch)

· Responding to the consultation on the Landlord and Tenant Act 1954.

To listen and subscribe to this podcast, search for ‘Ashurst Legal Outlook’ on Apple Podcasts, Spotify or your favourite podcast player. And to find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.

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