Real Estate Bulletin - February 2026

Below are summaries of key developments in the real estate sector for February.

26 February 2026

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Renters' Rights Act 2025: Why s.106 Agreements Need a Second Look

From 1 May 2026, assured shorthold tenancies (AST) will fall away and be replaced by assured periodic tenancies. While all existing section 106 agreements will continue to operate following this, any obligations - particularly for BTR, PRS and co‑living schemes - which have been drafted on assumptions around tenancy length, expiry and renewal may become difficult to comply with and/or create operational issues for developers/operators.

With only a few months left before implementation, now is the time for developers and operators to front foot this risk and identify any section 106 obligations which could create issues and engage with their local Council to agree whether (and to what extent) variations are required.

We take a look at this in more detail here.

E-signatures & WhatsApp Messages: The Common Law Strikes Back

A recent High Court judgment reminds us that certain common law rules remain relevant when considering e-signatures.

Webinar: Defining "Just and Equitable" in Building Safety

Join us for a webinar exploring the evolving concept of "just and equitable" within the building safety regime. Since its emergence as a key threshold test in the Building Liability Orders and Remediation Contribution Order remedies, the courts and Lands Tribunal have begun to shape its meaning and application.

  • 5 March 2026
  • 9.30-10.00

Draft Commonhold and Leasehold Reform Bill - call for evidence

Following the government's publication of the draft Commonhold and Leasehold Reform Bill, the Housing, Communities and Local Government Committee, which is undertaking pre-legislative scrutiny in relation to the Bill, launched a call for evidence on 4 February 2026.

The committee is "investigating whether the proposed reforms in the draft Bill will be effective, and what changes the Government could make to improve the draft Bill before the final version is introduced to Parliament." 

The committee's terms of reference include looking at whether the Bill is likely to be effective in meeting the government's policy objectives, potential loopholes in relation to the proposed cap on ground rents, whether certain measures go far enough, and whether there should be any additions to the draft Bill. Consideration of the timelines for implementation is also included in the terms of reference.

Individual homeowners are invited to respond through an online survey which closes on 31 March 2026. Organisations, researchers and those wishing to make a more detailed submission were invited to submit detailed written submissions by 25 February 2026.

The inquiry webpage notes that the committee will hold a series of oral evidence sessions starting in March 2026 and that 'later in the spring, the Committee will publish its findings in a report with conclusions and recommendations to the Government'.

In addition, the consultation 'Moving to commonhold: banning leasehold for new flats' is open until 24 April 2026.

Data centres

Catch up on our recent series in which we explore some of the key risk management and dispute resolution mechanisms that data centre stakeholders can employ.

Risk Management at the Contractual Stage

Risk Management during the Construction Stage

Managing risks and avoiding disputes during operation

The Continuum+

Planning, power and people

Discover how urban transformation is shaping the future of cities.

ESG View

You can read the February edition of ESG view here.  This includes an update on the UK CBAM.

This document (and any information accessed through links in this document) is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.