Article contributed by Robert Bowker and Greg Barnbrook Robert Bowker and Greg Barnbrook review the implications of the Western Beach Apartment case. On 3 August 2023, the First-tier Tribunal (Property Chamber), in Western Beach Apartments v Leaseholders...
Building Safety Act 2022
Cladding Remediation and Related Costs Recovery – A New Case in the FTT
Article contributed by Robert Bowker and Jeremy Weaver of Tanfield Chambers Robert Bowker and Jeremy Weaver, an associate director at Bradys Solicitors analyse the recent case of St John Street Property Services Group v Riverside Group Ltd. Introduction ...
2-4 Leigham Court Road
Article contributed by Ian Quayle 2-4 Leigham Court Road LON/ooAY/HYI/2022/0005 & 0016 As identified by Rob Bowker and Pauline Lam concerning the above case, I thought it important to look at the case from the perspective of the residential...
Remediation Order – BSA 2022
Article contributed by Robert Bowker and Pauline Lam Robert Bowker and Pauline Lam (Russell Cooke) discuss a recent case concerning a property at 2-4 Leigham Court Road, London SW16 2PG, and the first remediation order to be made under the BSA 2022 (in favour...
BSA 2022 – Property Transaction Forms
The Building Safety Act 2022 is causing many problems for transactional property lawyers. Most of the common problem issues have already been examined but I have over recent weeks looked at the revised TA forms and consider how a conveyancer for the seller or buyer...
The BSA – Faulty Workmanship?
Article contributed by Piers Harrison Tanfield Chambers Piers Harrison looks at the BSA: some things that definitely do not work, some that seem not to work and others which have odd consequences. The BSA 2022 and associated legislation has been drafted at speed;...
Making an Application for a Remediation Contribution Order (RCO)
Article Contributed by James Fieldsend, Tanfield Chambers Overview Section 124 BSA (Building Safety Act) 2022 gives to the First-tier Tribunal (Property Chamber) (FTT) the power to make an RCO. That is an order: made on the application of an interested...
All Change! Landlord Certificate and Leaseholder Deed of Certificate
Article contributed by Andrew Butler KC, Tanfield Chambers In this article: “the 711 Regs” means the Building Safety (Leaseholder Protections) (England) Regulations 2022 (SI 2022/711) “the 859 Regs” means the Building Safety (Leaseholder Protections)...
Leaseholder Causes of Action: Key Points for Busy Practitioners
Article contributed by Hugh Rowan, Tanfield Chambers The Building Safety Act 2022 (‘BSA’) has fortified leaseholder’s positions in a number of ways (albeit some are still pending). The three principle new causes of action (plus one old cause, anticipated to...
Limitations on Recovery of Remediation Costs Through the Service Charge: Schedule 8
Article contributed by Daniel Dovar, Tanfield Chambers Introduction The BSA (Building Safety Act) both compels landlords to remediate through implied lease terms (new s.30C, Landlord and Tenant Act 1985) and remediation orders (s.123, BSA). It also...