Adriatic Land 5 Limited v Long Leaseholders at Hippersley Point & Anor

Adriatic Land 5 Limited v Long Leaseholders at Hippersley Point & Anor

The majority held that the presumption against retrospectivity and interference with property rights should prevail. Paragraph 9 of schedule 8 to the Building Safety Act 2022 does not apply to costs incurred before 28 June 2022, and does not operate retrospectively to deprive landlords of accrued contractual rights. The Court found no violation of A1P1, as the provision effects control of use rather than deprivation, and Parliament's wide margin of judgment in economic and social policy is respected.

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
07 November 2025
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed (majority)
Legal Topics
Building Safety Act 2022, Service Charges, Retrospectivity, Leaseholder Protections, European Convention on Human Rights Article 1 Protocol 1
Property Law Landlord and Tenant Statutory Interpretation Human Rights Building Safety Act 2022 Service Charges Retrospectivity Leaseholder Protections +1 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

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Does paragraph 9 of schedule 8 to the Building Safety Act 2022 prevent recovery of service charges for costs incurred before its commencement?
  2. 2 Is paragraph 9 retrospective in effect?
  3. 3 Does paragraph 9 violate Article 1 Protocol 1 of the European Convention on Human Rights?

Ratio Decidendi

The majority held that the presumption against retrospectivity and interference with property rights should prevail. Paragraph 9 of schedule 8 to the Building Safety Act 2022 does not apply to costs incurred before 28 June 2022, and does not operate retrospectively to deprive landlords of accrued contractual rights. The Court found no violation of A1P1, as the provision effects control of use rather than deprivation, and Parliament's wide margin of judgment in economic and social policy is respected.

Court Disposition

Appeal allowed (majority)

Orders

  • Paragraph 9 of schedule 8 to the Building Safety Act 2022 does not bar recovery of service charges for costs incurred before 28 June 2022.
  • No service charge is payable under a qualifying lease in respect of legal or other professional services relating to liability incurred after 28 June 2022 as a result of a relevant defect.