Jurisdiction(s):
United Kingdom

Remediation orders under the Building Safety Act 2022: First-tier Tribunal guidance on specificity, variation, completion dates and costs (rule 13 and section 20C) in Mistry v Wallace Estates

Published on: 07 February 2024

Published by a LexisNexis Property Disputes expert

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Article summary

Mistry v Wallace Estates , LON/00AH/HYI/2022/0012

What is the practical implications of this case?

This decision matters to practitioners because, picking up from Waite v Kedai [2023] Lexis Citation 1347, it explores when the Tribunal will grant a RO, what proof it expects, and how it will frame the order in view of that material. As with Waite, it equips advisers to brief clients — developers, landlords and tenants — with improved certainty. It therefore clarifies the Tribunal’s approach to ROs in these respects.

What was the background?

The dispute related to Centrillion Point, Croydon, a 12-storey block containing 189 flats. Formerly offices, it was converted to homes in 2008. The core issue for the RO application was lacking fire compartmentation; further concerns covered flat entrance doors, internal doors, a protected entrance hall, the smoke shaft, and structural fire protection. Those matters formed the basis of the application. Unlike Waite, where the applying tenants leaned on a fire safety expert engaged by the respondent landlord and called no expert themselves, the tenants here produced expert evidence from a fire engineer. The respondent, by contrast, adduced expert opinion from a surveyor, Dr Woods...

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