News & Insights

Building Safety Case Successes for JB Leitch

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The JB Leitch litigation team have further consolidated their reputation and expertise in building safety and tribunal matters, with two successful determinations for dispensation and the variation of multiple leases last week.

Both matters concerned the same property, comprised of two residential apartment blocks (of seventeen storeys with 182 individual apartments) with JB Leitch acting for the Right to Manage (RTM) Company.

The first matter concerned an application for dispensation from all or some of the section 20 consultation requirements, in respect of qualifying works to install a fire alarm system at the property in order to reduce the extent of the waking watch currently in place and also to reduce the financial burden to Leaseholders. The second matter focused on a variation of all long residential underleases at the property, to allow inclusion of interim expenditure under the service charge clauses.

Dispensation from full consultation was granted, with the First-tier Tribunal acknowledging that there was a degree of urgency given that the alarm system will significantly improve the process of giving warning the residents to evacuate. Secondly, the Tribunal agreed that proposed variation to leases was required to to enable urgent works to be carried out for the safety of the Leaseholders.

Associate Katie Edwards comments: “Both cases serve to illustrate the ongoing prioritisation and urgency of safety works, the obligations of all parties and challenges in areas such as insurance. In a climate of uncertainty and evolving legislation, we are delighted to have provided both clear guidance and positive results for our client”. Further detail about both cases can be read on our blog.

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