Property & Real Estate Barristers
Tim Polli KC involved in latest case on remediation contribution orders: Triathlon Homes
23rd January 2024
Remediation Contribution Orders (RCOs) under the Buildings Safety Act 2022 (BSA) are already causing major headaches. The recent Upper Tribunal decision in Triathlon Homes LLP v Stratford Village Development Partnership, Get Living & East Village Management Ltd [2024] UKFTT 26 (PC) is important in establishing that:
- the BSA and the accompanying regulations disclose a hierarchy of liability, with the original developer and its associates at the top.
- the beneficial ownership of a landlord or developer may have changed is unlikely ever to be a good reason not to make an RCO against the said landlord or developer.
- RCOs can be made in respect of costs incurred before 28th June 2022 (ie when Part 5 of the BSA was brought into effect).
- it will probably never be just and equitable for a party falling within the terms of section 124(3) and well able to fund the relevant remediation works to be able to claim that the works should instead be funded by the public purse via the BSF.
Tim Polli KC provided written submissions on behalf of East Village Management Ltd.
A copy of the full judgment can be found here.
Expertise: Commercial Landlord & Tenant, Residential Landlord & Tenant
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