Lessons in real estate litigation

• The status of roof gardens, the right to manage in mixed-use developments, undisclosed moths, and insufficient evidence all kept the courts busy last year.

In 2024, the real estate litigation arena witnessed several landmark cases that have redefined legal interpretations and set new precedents. The cases address issues ranging from building safety to lease, and understanding these developments is crucial for stakeholders in the property sector. Whether you are a developer, property manager, or tenant, these cases may influence your rights and obligations in respect of the Building Safety Act 2022, security of tenure and beyond.

Determining high-risk buildings

The Smoke House case (Blomfield (flat 504) and others v Monier Road Ltd [2024] Lexis Citation 1049) arose from a dispute over the classification of a building as a higher-risk building (HRB) under the Building Safety Act 2022 (BSA 2022).