Lawbite: Retrospectivity under the Building Safety Act 2022 (“the BSA”) – a matter of construction
July 14, 2025
Lawbite: Retrospectivity under the Building Safety Act 2022 (“the BSA”) – a matter of constructionJuly 14, 2025 SummaryThis Court of Appeal (“CoA”) judgment is one of two landmark judgments to have been handed down on 8 July 2025. This appeal concerned the retrospective effect of the BSA, in particular whether a landlord is prevented from recovering by way of service charge certain building safety related costs which it had incurred before the BSA Schedule 8 leaseholder protections came into force on 28 June 2022. First Tier Tribunal’s assessmentIn 2021, before the BSA was passed, the First-Tier Tribunal (“FTT”) allowed the consultation requirements under s.20 of the Landlord and Tenant Act 1985 to be dispensed with in respect of Adriatic’s urgent fire safety remedial works. Dispensation was conditional upon Adriatic not being entitled to recover the costs of the dispensation application from its tenants. Adriatic appealed against this costs condition. Leaseholder protectionsAlthough the UT agreed that the FTT was wrong to have imposed the condition, it reasoned that by the time the matter came before it paragraph 9 of schedule 8 to the BSA had come into force on 28 June 2022 limiting recovery of those costs in any event. Court of Appeal’s reasoningThe CoA was to decide three issues:
The CoA decided that:
Key points
Our LawBite on the Triathlon Homes LLP v (1) Stratford Village Development Partnership; (2) Get Living Plc; and (3) East Village Management Limited [2025] EWCA Civ 846 decision can be found here. Latest InsightsLatest News
Latest Events
legal updates June 17, 2026 Commercially Connected Shorts - 17 June 2026 legal updates June 16, 2026 EU Pay Transparency Directive: Job evaluation and classification guideline... legal updates June 14, 2026 Global Sustainability & ESG Insights - May 2026 legal updates June 11, 2026 EU adopts renewed foreign investment framework firm news June 15, 2026 Eversheds Sutherland continues European expansion with further strategic pa... client news June 09, 2026 Eversheds Sutherland powers 12 key deals for Gresham House Energy Storage F... client news June 04, 2026 Next stop, public ownership: Eversheds Sutherland advises DfT on GTR transi... client news June 04, 2026 Advising Howden Joinery Group plc on £390m DIY Kitchens acquisition virtual Introduction to Swiss employment law June 23, 2026 2pm - 5pm (GMT) Virtual virtual UAE - Employment law in the Dubai International Financial Centre September 10, 2026 9.30am - 1.30pm (GMT) Virtual in-person Basic foundations of US employment law September 17, 2026 9.30am - 4.30pm (GMT) London, United Kingdom in-person 2026 BDC Roundtable September 23, 2026 Washington DC, United States |