Welcome to the GT London Real Estate Practice’s Autumn 2025 newsletter, reviewing a range of legal and practice developments that may affect stakeholders within the UK real estate sector.
Chancel Repair Liability
On 15 July, the Law Commission published a consultation on chancel repair liability — a remnant of 16th century law requiring some private landowners to keep the chancel of a parish church in good repair.
Since 13 October 2013, chancel repair liability is no longer an “overriding interest” for registered land, meaning it should only bind purchasers of registered land if noted on the title register. However, ongoing uncertainty around the interpretation of the law means that, regardless of whether there is such a notice in place or not, chancel repair searches and insurance remain common practice for purchasers.
The Law Commission’s consultation seeks to remove this uncertainty by clarifying that chancel repair liability is only enforceable against purchasers of registered land if noted on the title register, and that this should apply retrospectively to all relevant notices and transfers since the Land Registration Act 2002 came into effect.
The consultation closes on 15 November 2025.
Non-Bank Lending
In July 2025, the Financial Services Regulation Committee of the House of Lords commenced an inquiry into the growth of non-bank lending, including whether developments in bank regulation following the global financial crisis have inhibited the amount of bank lending and the implications of non-bank financial institutions satisfying this unfilled demand for credit.
In this GT Alert, Tim Dolan and Partha Pal examine the Committee’s key focus areas in more detail and the potential implications for market stability and systemic risk.
Proposed Ban on Upwards Only Rent Reviews
In this GT Alert, Rachel Whittaker and Sue Wilson explore the key provisions of the UK government’s proposed ban on upwards-only rent reviews in new commercial leases in England and Wales and the potential implications for landlords and investors.
Renters’ Rights Bill
The Renter’s Rights Bill is in its final stages and expected to become law this month.
Amongst other things, the Bill would abolish section 21 “no fault” evictions and fixed-term tenancies, replacing them with periodic tenancies that tenants may terminate with two-months’ notice, as well as reforming the grounds for landlord possession.
Restructuring Plans
Greenberg Traurig London advised River Island, the well-known design and fashion retail chain in the UK and Ireland, on the restructuring of its financial and leasehold liabilities, implemented by way of a restructuring plan under Part 26A of the Companies Act 2006.
On 8 August, Sir Alastair Norris, judge of the High Court of England and Wales, sanctioned the River Island Restructuring Plan, marking a development in the UK’s restructuring landscape. The judgment provides clarification and practical guidance on the operation of restructuring plans under Part 26A of the Companies Act 2006, particularly regarding the Court’s discretion to exercise its cross-class cram-down powers.
Aaron Harlow, John Houghton, and Morag Russell provide a detailed analysis of the decision in this GT Alert.
Service Charge Code
On 25 June, The Royal Institution of Chartered Surveyors (RICS) released the 2nd Edition of its Service Charges in Commercial Property Professional Standard (also known as the Code) to reflect current best practices for service charge management.
The revised Code, which takes effect for service charge periods from 31 December 2025, updates the existing guidance and serves as a reference for landlords, property managers, tenants, and stakeholders, aiming to promote fairness, clarity, and consistency in service charge processes. Although not legally binding, it establishes a benchmark for lease negotiations, management, and dispute resolution, reinforcing the principles of transparency, financial accountability, and governance.
There is greater emphasis in the second edition on full disclosure (utilising digital platforms where possible for ease of document accessibility), transparent financial reporting, and proactive communication between stakeholders. Tenants are expected to actively review information and engage with landlords to prevent misunderstandings, while regular updates and open sharing of information help build trust and reduce disputes.
Further enhancements in the Code address dispute resolution and service charge governance. The “pay now, argue later” principle from recent case law is reaffirmed, and the use of alternative dispute resolution (ADR) is encouraged, with RICS able to appoint mediators if needed. The Code also clarifies the treatment of improvement works, requiring consultation and written consent from tenants when such costs may be included. Strong governance standards are mandated, including oversight by qualified professionals, written management policies, and performance monitoring, to ensure ethical conduct and effective stakeholder engagement across all aspects of service charge management.
* Special thanks to Trainee Solicitors Riccardo Mitchell˘ and Namrata Ranpuria˘ for contributing to this GT Newsletter.
˘ Not admitted to the practice of law.