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1 December 2025

UK Real Estate Disputes In 2026 — What You Need To Know To Be Forearmed (Podcast)

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Herbert Smith Freehills Kramer LLP

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Welcome to Forearmed 2026, a forward-looking guide to the ten key areas we expect to shape the disputes landscape in UK real estate in 2026 and beyond.
United Kingdom Real Estate and Construction
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Welcome to Forearmed 2026, a forward-looking guide to the ten key areas we expect to shape the disputes landscape in UK real estate in 2026 and beyond. Drawing on decades of experience and insight, our UK Real Estate Dispute Resolution team highlight the trends that developers, investors, landlords, and occupiers need to anticipate and prepare for.

This year's guide covers:

  • Rights of light and section 203: A shifting legal and insurance landscape following landmark case law.
  • Building Safety Act liability: Expanding reach of enforcement tools that pierce the corporate veil and impose widespread liability for building safety defects.
  • Electricity infrastructure disputes: Rising tensions over land rights and compensation amid Net Zero targets.
  • Telecoms lease/licence classification: Legal uncertainty threatening development timelines.
  • Inter-tenant nuisance claims: The legal risks of mixed-use developments and amenity-rich offices.
  • Private rented sector reform: Courtroom consequences of the Renters' Rights Act 2025.
  • Business rates mitigation schemes: Legal scrutiny and anticipated legislative crackdowns on avoidance tactics.
  • MEES enforcement: Increased penalties and local authority action on energy efficiency breaches.
  • Anti-protest injunctions: Legal challenges to newcomer injunctions and their future viability.
  • Ban on upwards-only rent reviews: Market disruption and unintended consequences for lease renewals.

Each section offers practical steps to mitigate risk and navigate change. Because in real estate, being forewarned is forearmed.

For a complete guide to these issues and more, and an assessment of how our last predictions faired, download our Forearmed 2026 guide.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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