The WLR Daily case summaries
[2025] WLR(D) 361
Court of Appeal
Adriatic Land 5 Ltd v Long Leaseholders at Hippersley Point
[2025] EWCA Civ 856
2025 March 17, 18, 21;
July 8
July 8
Newey, Nugee, Holgate LJJ
Landlord and Tenant— Repairs— Service charge— Building requiring extensive fire risk remedial works— Landlord seeking to recover costs of repairs from long leaseholders by way of service charge and applying for order dispensing with consultation requirements— Tribunal granting dispensation order but concluding building safety legislation preventing landlord form recovering costs of dispensation application from leaseholders by way of service charge— Whether legislation precluding recovery of costs of dispensation application— Whether building safety legislation having retrospective effect— Whether retrospective effect of legislation violating right to peaceful enjoyment of possessions—
Human Rights Act 1998 (c 42), Sch 1, Pt II, art 1
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Building Safety Act 2022 (c 30), Sch 8, para 9