[2023] UKUT 271 (LC)

The Rolls Building, 7 Rolls Buildings,

Fetter Lane, London EC4A 1NL

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

IN THE MATTER OF AN APPEAL AGAINST A DECISION OF THE FIRST-TIER TRIBUNAL (PROPERTY CHAMBER)

(FTT Case Reference: LON/00AL/LDC/2021/0244)

LANDLORD AND TENANT – SERVICE CHARGES – BUILDING SAFETY ACT 2022 –

application for dispensation from consultation requirements - whether a costs condition should have been imposed as a condition of granting dispensation – whether the recovery of the costs of the application, by the service charge, was prevented by paragraph 9 of Schedule 8 to the Building Safety Act 2022 – appeal allowed – decision re-made as a decision to grant dispensation on an unconditional basis, together with a determination that paragraph 9 of Schedule 8 prevented recovery of the costs from tenants holding qualifying leases

BETWEEN:

ADRIATIC LAND 5 LIMITED

Appellant

-and-

THE LONG LEASEHOLDERS AT HIPPERSLEY POINT

(listed in the Annex to this Decision)

Respondents

Re: Hippersley Point,

4 Tilston Bright Square, Felixstowe Road,

London, SE2 9DR

The Chamber President, Mr Justice Edwin Johnson

The Rolls Building

12 October 2023

Decision Date: 13 November 2023

Simon Allison, instructed by JB Leitch Limited, Solicitors, for the Appellant

The Respondents were not represented and did not appear at the hearing

© CROWN COPYRIGHT 2023

The following cases are referred to in this decision:

Aster Communities v Chapman [2020] UKUT 177 (LC)

Daejan Investments Ltd v Benson [2013] UKSC 14; [2013] 1 WLR 854

Marshall v Northumberland & Durham Property Trust Ltd [2022] UKUT 92 (LC)

Conway v Jam Factory Freehold Ltd [2013] UKUT 592 (LC)

Re: SCMLLA (Freehold) Limited [2014] UKUT 0058 (LC)

Kostal UK Ltd v Dunkley and others [2021] UKSC 47

URS Corporation Limited v BDW Trading Limited [2023] EWCA Civ 772

Wilson v First County Trust Limited (No. 2)[2003] UKHL 40; [2004] 1 AC 816

Adriatic Land 3 Limited v Residential Leaseholders of Waterside Apartments (MAN/30UG/LSC/2021/0044 – 27^th June 2023)

Batish and others v Inspired Sutton Limited and others

(LON/00BF/HYI/2022/0002 – 13^th January 2023)

Waite and others v Kedai Limited

(LON/00AY/HYI/2022/0005 & 0016 – 9^th August 2023)

Pepper v Hart [1993] AC 593