Triathlon Homes LLP v Stratford Village Development Partnership & Ors

Triathlon Homes LLP v Stratford Village Development Partnership & Ors

It is just and equitable to make RCOs against SVDP and Get Living for remediation costs, including those funded by the public purse, as the statutory scheme places primary responsibility on the developer and its associates. Section 124 BSA allows RCOs for costs incurred before the Act's commencement, consistent with the Act's purpose to protect leaseholders and hold those responsible for defects accountable.

Parties
Applicant/respondent to Appeal: Triathlon Homes LLP; Respondents to Application/appellants: Stratford Village Development Partnership; Respondents to Application/appellants: Get Living PLC; Respondent to Application and Appeal: East Village Management Ltd; Intervener: Secretary of State for Housing, Communities and Local Government
Jurisdiction
England and Wales
Judgment Date
07 August 2025
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Remediation Contribution Orders, Building Safety Act 2022, Retrospectivity, Leaseholder Protections, Corporate Associations, Public Funding
Property Law Landlord and Tenant Statutory Interpretation Public Law Remediation Contribution Orders Building Safety Act 2022 Retrospectivity Leaseholder Protections +2 more

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Parties

Triathlon Homes LLP

Applicant/respondent to Appeal

Stratford Village Development Partnership

Respondents to Application/appellants

Get Living PLC

Respondents to Application/appellants

East Village Management Ltd

Respondent to Application and Appeal

Secretary of State for Housing, Communities and Local Government

Intervener

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether it was just and equitable to make Remediation Contribution Orders (RCOs) against SVDP and Get Living for costs of remediation works funded by the public purse
  2. 2 Whether RCOs can be made in respect of costs incurred before the Building Safety Act 2022 came into force

Ratio Decidendi

It is just and equitable to make RCOs against SVDP and Get Living for remediation costs, including those funded by the public purse, as the statutory scheme places primary responsibility on the developer and its associates. Section 124 BSA allows RCOs for costs incurred before the Act's commencement, consistent with the Act's purpose to protect leaseholders and hold those responsible for defects accountable.

Court Disposition

Appeal dismissed

Orders

  • Remediation Contribution Orders upheld against SVDP and Get Living for specified sums and future reasonable amounts
  • Payments to EVML and reimbursement to Triathlon as specified in the FTT order dated 5 March 2024