Unsdorfer and Ors v Octagon Overseas Ltd and Ors
Language: English Publication details: [2024] UKUT 59 (LC), Upper Tribunal (Lands Chamber), 29 February 2024Subject(s): Online resources: Summary: In Unsdorfer v Octagon Overseas Ltd [2024] UKUT 59 (LC), the Upper Tribunal (Lands Chamber) found that a manager appointed under the Landlord and Tenant Act 1987 could not be an accountable person for the purposes of the Building Safety Act 2022. The UT found that the FTT was correct in its conclusion that the Manager is not an accountable person for the higher-risk buildings at Canary Riverside. He is nevertheless obliged by the management order to continue to carry out the functions conferred on him by the order, notwithstanding that those include building safety responsibilities which are also duties of the accountable person under Part 4 of the 2022 Act. He is not obliged to carry out building safety functions which are not required of him by the management order. It looks in detail at how the L&T Act 1987 and the BSA 2022 conflict in parts on this matter| Item type | Current library | Call number | Status | Date due | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE JUDGMENT (Browse shelf(Opens below)) | Available |
In Unsdorfer v Octagon Overseas Ltd [2024] UKUT 59 (LC), the Upper Tribunal (Lands Chamber) found that a manager appointed under the Landlord and Tenant Act 1987 could not be an accountable person for the purposes of the Building Safety Act 2022. The UT found that the FTT was correct in its conclusion that the Manager is not an accountable person for the higher-risk buildings at Canary Riverside. He is nevertheless obliged by the management order to continue to carry out the functions conferred on him by the order, notwithstanding that those include building safety responsibilities which are also duties of the accountable person under Part 4 of the 2022 Act. He is not obliged to carry out building safety functions which are not required of him by the management order. It looks in detail at how the L&T Act 1987 and the BSA 2022 conflict in parts on this matter