Commercial Property Law Update 2026

The law never stands still. In this annual update, Bryan analyses the most significant property decisions from the last 12 months and distil the key principles into practical guidance and clear takeaways for property professionals. Drawing on a diverse range of recent cases, the session explores how the courts are shaping commercial property law in areas including:

• Landlord and Tenant Act 1954
• Building safety
• Telecoms and the Electronic Communications Code
• Forfeiture
• Landlord and tenant disputes

Bryan Johnston, Partner and Head of Real Estate Litigation, Dentons

The meaning of “repair” - an “ordinary English word” – is not straightforward but is central to both repairing obligations and service charge recoverability. This practical session looks at:

• What does “repair” really mean, and why does that matter?
• How it can limit a commercial tenant’s obligation to repair and to a landlord’s ability to recover service charges;
• Why the age of both lease and building and the changing needs of the property market might change the definition of “repair”
• Statutory restrictions: the impact on costs and works
• Sweeper clauses – a universal panacea or not? 89 Holland Park Management Ltd v Dell, Triplark Ltd v Whale, Tower Hamlets v Brewster House

Sarah Thompson-Copsey, Non-Practising Solicitor, Legal Lecturer and Trainer

Practical guidance and tips for those advising landlords faced with defaulting tenants – prioritising restoring rental income whilst minimising expense and time spent in doing so.

• Which breaches are easiest to handle and why?
• Forfeiture: recognising the breach, avoiding waiver and dealing with applications for relief - valuable lessons from practical cases including Leicester Square v Empire Cinema; Biljani v Medical Express; Mentmore; Derwent; SARL
• Disrepair: the difficulties of court orders & damages, and why self-help remedies may not help;
• What to do when a tenant refuses to open for trade
• The impact of insolvency on remedies

Sarah Thompson-Copsey, Non-Practising Solicitor, Legal Lecturer and Trainer

This session explores the practical and legal considerations involved in introducing rooftop solar and EV charging infrastructure in commercial buildings, including how these decisions are structured, implemented, and managed over the long term.

• Considerations for both owners and occupiers when deciding whether to install rooftop solar or EV charging points
• Common legal structures for the installation works and on-going arrangements
• How to decide which structure is right for you
• Estate management considerations for the future

Daniel Lowen, Partner, Dentons

This session considers the direction of travel in leasehold reform, with a particular focus on its implications for mixed-use developments, and assesses whether commonhold is likely to become a viable alternative structure for commercial and residential property ownership in England and Wales. Overview of the current status of leasehold reform and the draft Commonhold and Leasehold Reform Bill • What is commonhold and what are the key features and restrictions of the existing commonhold regime? • The main changes proposed by the draft Commonhold and Leasehold Reform Bill:

• The ban on the sale of new leasehold flats
• Practical implications for the conversion of existing mixed-use buildings to commonhold
• Key considerations for new commonhold developments involving both residential and commercial units

Lauren Fraser, Senior Associate, Charles Russell Speechlys LLP

This session is suitable for commercial property practitioners of all levels and experience and explores:

• Mixed use properties and service charge - what is an appropriate service charge regime, service charge apportionment (lessons from case law) the legislative differences and the different statutory protections
• Tips and traps relating to the Landlord and Tenant Act 1987 , the impact of recent case law and legislation, and the implications of recent case law including the High Court decision in SGL1 Ltd v FSV Freeholders Limited [2025] EWHC 3 (Ch)
• The implications of the High Street Rental process on high street properties generally and mixed use properties in particular.

Ian Quayle, IQ Legal Training

5.00pm Close of Proceedings