As the Property Litigation Association prepares to welcome a new chair, present incumbent Dellah Gilbert looks back on the change initiated and member views gathered over the past 12 months.
This month marks the completion of my one-year tenure as chair of the Property Litigation Association – the members’ organisation for professionals specialising in all aspects of contentious commercial, residential and agricultural property law.
Established in 1995 and now with more than 1,600 members across the UK and Ireland, the PLA plays an incredibly important – yet often behind the scenes – role in campaigning for improvements in property law, the court service and a wide range of judicial matters for the benefit of the entire industry.
Since the PLA is regularly invited to share the views of its members with bodies such as the Law Commission and the Department for Levelling Up, Housing and Communities, the association helps ensure a legal framework that functions efficiently for everyone in property.
As I reflect on my year as chair, I would like to offer some insights into the key issues currently facing real estate and how the PLA is working to address them.
Supporting commercial leasehold reform – Landlord and Tenant Act 1954
In late 2022, the PLA conducted a study of its members’ views of the Landlord and Tenant Act 1954, to establish its continuing fitness for purpose, exploring different aspects of commercial leases, including security of tenure, the compensation system and alternative rent models.
The findings of the research, published in April this year, showed that PLA members – who represent landlords and tenants of all sizes across the property sector – generally still believe that the Act strikes a fair balance between owners and occupiers. However, they feel that there is an urgent need to streamline the process to enable economic growth with quicker, simpler and clearer rules to help UK businesses.
The findings were turned into a report to inform the government’s review of the Act, which has not been updated since 2004 and which, in the view of our members, needs reform.
There has also been a huge shift in the relationship between landlords and tenants in the years since the Act was last updated, with shorter lease terms, harsher trading conditions, the digital revolution and wider changes in working and shopping practices all putting strains on the system.
We hope that our independent report, based on diverse opinion, will support the Law Commission and, in due course, policymakers as they review the Act. Our recommendations included the provision of guidance notes to narrow down issues of conflict at an early stage, as well as increased digitalisation and less time in courts.
The Law Commission is expected to publish a consultation on the Act in December, to which the PLA will formally respond, informed by insights from its member research.
Addressing delays in the court system
Continuing on the topic of supporting the wider legal framework, it is no secret that the courts are facing severe funding pressures which, when set against a rise in the number of claims coming through their doors, have made delays inevitable.
In 2015, the PLA ran its first member survey on the effectiveness of the county court system. The results were pretty conclusive, with almost 90% of respondents saying the system was not fit for purpose. On the back of the survey findings, we engaged with HM Courts & Tribunals Service to try to find a way to improve things. At its request, we launched a further survey of our members on 24 October this year, the results of which we aim to share with HM Courts and Tribunals Service’s Civil Jurisdictional Public Engagement Group, which the PLA has recently been invited to join.
Progressing diversity, equality and inclusion
Recognising the need to create a more diverse legal industry, in May the PLA became a supporter of the Black Talent Charter, which aims to significantly increase the recruitment and representation of Black professionals in the UK business community.
The charter represents an excellent framework for measuring progress and ensuring accountability, and the PLA is pleased to leverage its role in campaigning for improvements in the sector by promoting the charter’s aims to its members and inviting them to sign up.
Encouraged by the response we received, we are shortly to launch a new diversity and inclusion committee to further support our members with their own D&I journeys. The new committee will initially prioritise efforts to improve ethnic minority representation, gender equality and social mobility in the industry, with scope to include other protected characteristics in future.
Law is traditionally a sector that has been slow to change, but we urgently need to open up to more diverse talent and become much more representative of the society we serve. I have been particularly impressed and inspired by the enthusiastic reaction from PLA members across the UK wanting to join the new committee. I know that D&I is also a priority for my successor, Mishcon de Reya real estate partner Mark Reading, who is committed to taking this important work forward.
All things considered, it has been a busy year, but one in which real progress has been made across a number of different areas. Having been involved with the PLA for more than eight years, I can bear witness to what is possible when the industry comes together to work for change.
Dellah Gilbert is chair at the Property Litigation Association and a partner at Maples Teesdale
