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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
