The First Tier Tribunal and the Building Safety Act – the story so far…

This article is part of our Housing Management & Property Litigation Brief: Issue 31.

Since our last HMPL brief, we have now seen the First-tier Tribunal (Property Chamber) (FTT) grapple with its new jurisdiction within the Building Safety Act.

The first reported decisions on an application for a Remediation Contribution Order (RCO) and a Remediation Order (RO) have now been made by the FTT. As a reminder, as part of the gargantuan legislative reform brought around by the Building Safety Act, it also introduced new legal powers for the FTT to make orders requiring landlords to fix defects within a certain period and an ability for organisations to be ordered to pay or contribute towards the costs of the same. These provisions apply to buildings at least 11m or five storeys in height.

Remediation Order

In August 2023, the FTT handed down its decision in Sarah Waite, Karin Ida Christina Martensson & Other leaseholders v Kedai Limited. The case related to a development which included two blocks, one of which had been converted from former offices into residential accommodation.

There were various typical fire safety issues within the development, including the presence of ACM cladding, a lack of fire stopping, cavity barriers and defective insulation behind the cladding (amongst other issues). It was common to both parties that works were indeed necessary.

We discuss this case further, as well as the matter of Arjun Batish and other Leaseholders v Inspired Sutton Limited and two others, in our Housing Management & Property Litigation Brief: Issue 31.