ACM CLADDING RECORDS

Paddington Walk Management Ltd v Leaseholders of Munkenbeck & Marshall Buildings

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categoriescladding, fire-safety, FTT, s20ZA, dispensation, service-charge, ACM

Paddington Walk Management Ltd v Leaseholders of Munkenbeck & Marshall Buildings

LON/00BK/LDC/2020/0136 — First-tier Tribunal (Property Chamber, Residential Property), decided on the papers, 8 October 2020 (Tribunal Judge Stuart Walker)

Judgment: Decision (gov.uk PDF)

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Issue

Application under s.20ZA Landlord and Tenant Act 1985 for dispensation from the statutory s.20 leaseholder consultation requirements, so that urgent “Non-ACM works” — removal of a combustible timber cladding system, Sto render replacement, and replacement of balcony timber decking — could be combined with the already-funded ACM cladding remediation at a Paddington development (153 private + 79 affordable flats, five towers of 9–14 storeys). The Applicant’s case was that combining the works would reduce the time residents spent in an unsafe building, avoid duplicated contractor costs, and fit the timetable for a Building Safety Fund application (works needed to be instructed by 6 November 2020).

Outcome

Dispensation granted. No leaseholder objected. The Tribunal held it reasonable to dispense with consultation given the urgency and safety risk of delay, expressly noting a full s.20 consultation would extend the period residents lived in an unsafe building and could increase costs.

Notes

  • This is a procedural decision only — the Tribunal was not asked to and did not decide whether any service charge cost would be reasonable or recoverable from leaseholders (see para 14 of the decision); that question was left for a future s.27A application if disputed.
  • Distinct in kind from the TCC/Court of Appeal/Supreme Court cases elsewhere in this folder: this is a First-tier Tribunal (Property Chamber) decision under the Landlord and Tenant Act 1985, not a civil liability judgment. See Scope and Method for the difference in weight and where FTT decisions fit.
  • Useful precedent for the mechanics of urgent cladding remediation programmes (combining ACM and non-ACM scopes, dispensation timing pressure from grant-funding deadlines) rather than for liability or cost allocation.
  • Predates the Building Safety Act 2022; decided under the pre-existing consultation regime.

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