Adriatic Land 5 Ltd v Long Leaseholders at Hippersley Point

Subject Matter

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 — Building Safety Act 2022 (c 30), Sch 8, para 9

[2025] EWCA Civ 856; [2025] WLR(D) 361, CA

Appellate History

Commentary

Tanfield chambers
Hippersley – an important point Case comment

Nearly Legal
Leasehold Upper Tribunal roundup Case comment