A London tribunal judge has ordered the freeholder and landlord of a residential block to repair cladding and improve the building’s safety under the Building Safety Act 2022 – the first time a judge has made a Remediation Order under the act.
The Act was passed in response to the 2017 Grenfell Tower fire and empowers a judge to order a landlord to remedy specified defects to a building within a set time.
This case was brought by the residents of 2-4 Leigham Court Road, SW16 – a residential block in Streatham, south London, that used to be the offices of local newspaper the South London Press.
According to the ruling, which was handed down on 9 August and made public this week, the building was converted from office use to residential use in 2016. Developers added two storeys, making it six storeys high, and built an additional seven-storey block of flats.
“From quite early on, concerns grew about the quality of the construction work,” said judge Timothy Powell in his ruling.
On further investigation, surveys found the facade was not compliant with Building Regulations. Residents sued in the First-Tier Tribunal, under the 2022 Act.
The judge, sitting with expert Helen Bowers MRICS, backed the residents and ruled that the landlord should carry out the works, stipulating that 80% of the costs cannot be passed on via the service charge.
“This ruling is an important milestone for the Building Safety Act, although each case would turn on its own facts,” said Pauline Lam, a senior associate at law firm Russell-Cooke, who advised the residents.
“The tribunal has made it clear that the purpose of the Act is not to impose a costly burden on leaseholders but to provide them with protections,” she said.
First-Tier Tribunal Property Chamber (Residential Property)
Ref: LON/00AY/HYI/2022/0005 & 0016
2-4 Leigham Court Road, London SW16 2PG
(1) Ms Sarah Waite, (2) Karin Ida Christina Martensson & (3) Other leaseholders
Respondent: Kedai Ltd (freeholder)
