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08 May 2026 / Fern Schofield , Gwyneth Everson
Issue: 8160 / Categories: Features , Property , Landlord&tenant , Housing
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Property law brief: quarterly review (May 2026)

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Fern Schofield & Gwyneth Everson provide a round-up of recent decisions, offering practical guidance on possession claims, statutory interpretation & evidential pitfalls

  • Recent decisions clarify key aspects of property law, including the status of mixed-use premises as ‘dwellings’, the limits of digital communications in transferring interests, and the interpretation of telecoms Code agreements.
  • The courts also reinforce proper procedure and evidential requirements in possession and ownership disputes.

For the first quarterly update of 2026, we consider a selection of significant decisions in property law from December 2025 through to February 2026. These cases highlight important developments in substantive law, clarify some key issues in possession claims, and provide valuable guidance on procedure and evidence.

Developments in substantive law

Cloisters Business Centre Management Company Ltd v Anvari [2026] EWCA Civ 17

The Court of Appeal determined that mixed-use premises are capable of constituting a ‘dwelling’ within the meaning of s 38 of the Landlord and Tenant Act 1985 (LTA 1985), such that they

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MOVERS & SHAKERS

DWF—David Abbott & Claire Keat

DWF—David Abbott & Claire Keat

Senior appointments in insurance services and commercial services announced

Clyde & Co—Nick Roberts

Clyde & Co—Nick Roberts

Aviation disputes practice strengthened by London partner hire

Ellisons—Marion Knocker

Ellisons—Marion Knocker

Residential property lawyer promoted to partnership

NEWS
he abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC
Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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