header-logo header-logo

Lessons in real estate litigation

14 February 2025 / Ben Hatton , Jordan Gulwell , Natasha Vij
Issue: 8104 / Categories: Features , Property , Landlord&tenant , Housing , Nuisance
printer mail-detail
Ben Hatton, Jordan Gulwell & Natasha Vij explore 2024’s stand-out cases in real estate litigation: what can we learn for the coming year?

  • 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).

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll