[2025] UKUT 157 (LC)

Case No: LC-2024-661

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

Ref: LON/OOBG/HY1/2023/0024

Royal Courts of Justice, Strand,

London, WC2A 2LL

28 May 2025

Corrected under rule 53, 4 June 2025

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

LANDLORD AND TENANT – FTT PROCEDURE – points raised by the First-tier Tribunal of its own motion – remediation order under the Building Safety Act 2022 made in relation to “specified defects” that were not properly before the First-tier Tribunal – order made on the basis of the First-tier Tribunal’s opinions, contrary to the evidence before it and in the absence of evidence supporting the FTT’s view

BETWEEN:

MONIER ROAD LIMITED

Appellant

and-

NICHOLAS ALEXANDER BLOMFIELD AND OTHER LEASEHOLDERS

Respondents

Smoke House and Curing House

18 Remus Road, E3 2NF

Upper Tribunal Judge Elizabeth Cooke and Mrs Diane Martin TD MRICS FAAV

14 May 2025

Mr Jonathan Selby KC for the appellant, instructed by Donald Pugh solicitors

Mr Nicholas Blomfield for the respondents

© CROWN COPYRIGHT 2025

The following cases were referred to in this decision:

Admiralty Park Management Company Limited v Olufemi Ojo  [2016] UKUT 421 (LC)

Dugdale v Kraft Foods Limited [1976] 1 WLR 1288

Birmingham City Council v Keddie [2012] UKUT 323 (LC)

Regent Management Limited v Jones [2010] UKUT 369 (LC)

Sovereign Network Homes v Hakobyan and others [2025] UKUT 115 (LC)