Adriatic Land 5 Ltd v Long Leaseholders at Hippersley Point
[2025] EWCA Civ 856 — Court of Appeal, 8 July 2025 (heard together with Triathlon Homes v Stratford Village Development Partnership)
Judgment: [2025] EWCA Civ 856 (National Archives)
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Issue
Remediation Contribution Order proceedings concerning cladding/fire safety defects, heard alongside Triathlon Homes.
Outcome
Heard together with the Triathlon Homes appeal, but on a distinct point: whether the leaseholder-protection provisions in Schedule 8 of the BSA 2022 apply only to remediation costs incurred after 28 June 2022 (Part 5 commencement), or also to costs incurred earlier. By majority (Newey LJ dissenting), the Court of Appeal held Schedule 8 applies retrospectively, preventing landlords from passing pre-commencement remediation costs to qualifying leaseholders. The Court was unanimous that this retrospective effect is compatible with Article 1, Protocol 1 ECHR (peaceful enjoyment of possessions).
Notes
- Building at issue: Hippersley Point, Abbey Wood, London — 10 storeys, over 18m, 32 residential leasehold flats plus a commercial unit; fire safety defects identified late 2020.