Adriatic Land 5 Ltd v Long Leaseholders At Hippersley Point (Rev1) [2025] EWCA Civ 856 (08 July 2025)

Adriatic Land 5 Ltd v Long Leaseholders At Hippersley Point (Rev1) [2025] EWCA Civ 856 (08 July 2025)

Paragraph 9 of schedule 8 to the Building Safety Act 2022 applies to costs of dispensation applications relating to relevant defects, regardless of when the costs were incurred, and bars recovery of such costs from tenants with qualifying leases. The statutory language, context, and purpose support this interpretation, and the presumption against retrospectivity does not preclude application to costs incurred before commencement unless already paid by tenants.

Citation
[2025] EWCA Civ 856
Parties
Applicant/appellant: Adriatic Land 5 Limited; Respondents: Long Leaseholders at Hippersley Point; Intervener: Secretary of State for Housing, Communities & Local Government
Jurisdiction
England and Wales
Judgment Date
08 July 2025
Procedural Posture
Appeal From Upper Tribunal (lands Chamber) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Building Safety Act 2022, Service Charges, Leaseholder Protections, Retrospective Legislation, Consultation Requirements, European Convention on Human Rights Article 1 Protocol 1
Property Law Landlord and Tenant Statutory Interpretation Human Rights Building Safety Act 2022 Service Charges Leaseholder Protections Retrospective Legislation +2 more

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Parties

Adriatic Land 5 Limited

Applicant/appellant

Long Leaseholders at Hippersley Point

Respondents

Secretary of State for Housing, Communities & Local Government

Intervener

Procedural Posture

Appeal From Upper Tribunal (lands Chamber) / Court of Appeal Judgment

Legal Issues

  1. 1 Are costs of dispensation applications within the scope of paragraph 9 of schedule 8 to the Building Safety Act 2022?
  2. 2 Does paragraph 9 apply retrospectively to costs incurred before it came into force?
  3. 3 Should paragraph 9 be read down for compatibility with Article 1 of Protocol 1 ECHR?

Ratio Decidendi

Paragraph 9 of schedule 8 to the Building Safety Act 2022 applies to costs of dispensation applications relating to relevant defects, regardless of when the costs were incurred, and bars recovery of such costs from tenants with qualifying leases. The statutory language, context, and purpose support this interpretation, and the presumption against retrospectivity does not preclude application to costs incurred before commencement unless already paid by tenants.

Court Disposition

Appeal dismissed

Orders

  • Adriatic Land 5 Limited barred from recovering costs of dispensation application from tenants with qualifying leases under paragraph 9 of schedule 8 to the Building Safety Act 2022.
  • No order for repayment of service charges already paid before 28 June 2022.