Conclusions

This decision demonstrates that the FTT will take a flexible and leaseholder friendly approach to cases under legislation designed to protect leaseholders. The broad drafting of the BSA will enable the FTT to find the best and most practical solution in a given application. In this case, having commenced the proceedings, the remediation order was achieved by a short sprint to the finish line rather than a marathon. Moreover, as the FTT is a ‘no costs’ jurisdiction, applicants are likely to be protected against adverse costs orders.

It is likely that future decisions will follow a similar path, prioritising the BSA’s primary purpose of safeguarding leaseholders. Landlords will not be protected by the fact that their building was signed off by Building Control at the time of construction. Further, the FTT will not be bound by technical and procedural requirements. Instead, it will adopt a current approach based on the evidence presented and the conduct of the landlord/developer in respect of the defects.