Welcome to our Autumn edition of Property Litigation Watch.
This edition marks our property litigation team's 20th anniversary, and Speaker's Corner sits down with our founder and head, Daniel Levy, who looks back on building the practice from a standing start to a 40-strong team. He also reflects on how the nature of property disputes has changed over two decades and sets out where he sees the team heading over the next 20 years.
Property law, meanwhile, shows no sign of standing still. In this edition we examine the detail of the Law Commission's second consultation on modernising security of tenure of business tenancies under the Landlord and Tenant Act 1954. Or, if you only have a minute, Lauren King's Mishcon Minute provides a headline take on some aspects of the Act that are ripe for reform. We also report on the Government's recent announcement launching the next phase of the Renters' Rights Act 2025 in December 2026 – the new PRS database, rebranded by the government as the 'Register your rental property' service.
Cladding disputes feature twice in this edition. Interestingly, neither case follows the now-familiar Building Safety Act 2022 route as the cases centred around an education facility and a hotel, both of which fell outside the scope of the Act. Instead, they offer insights on (1) whether the discovery of dangerous and defective cladding, forcing the tenant to vacate the education facility for an extended period, could frustrate a lease, and (2) whether the removal and replacement of dangerous cladding fell within a commercial landlord's covenant to keep the building in good repair and condition, even where the cladding had not physically deteriorated.
Staying with disputes closer to home, we report on two service charge cases in which we recently acted for the leaseholder in one and the landlord in the other, each offering practical lessons for both landlords and tenants about strategy and tactics in service charge disputes.
We close with an update on London Trocadero v Picturehouse Cinemas, the landlord insurance commission case that settled shortly before it was due to be heard by the Court of Appeal, and offer some practical guidance for landlords and tenants.
We hope you enjoy this edition. If any of the articles raise questions, please do reach out to the author or your usual Mishcon contact.