Wyatt and ors v WN Enterprises Limited
Language: English Publication details: LON/00BA/HYI/2023/0017, First-Tier Tribunal Property Chamber, 2 April 2024Subject(s): Online resources: Summary: Spur House was previously an office block that was converted to provide the 39 flats with the commercial gym area on the ground floor. The Applicants were six long leaseholders of units within Spur House and the Respondent was the freehold owner. The Respondent was responsible for the re-development of Spur House in 2016. Defective insulation (not installed in accordance with manufacturers guidance) and balcony defects (the balconies were constructed of combustible timer decking, timber edge protection/barriers and privacy screens). The Decision: The parties indicated that the general terms of the remediation order were agreed. The FTT raised a number of points regarding the format of the order – specifically in respect of items that went beyond what could be included in the same, for example a term that a third-party contractor approve and supervise the works. Instead, the FTT suggested that this be included by way of recital to the order (as opposed to a term of the order). Amendments were also made in respect of involving the Building Safety Regulator ('BSR') and the London Fire Brigade ('LFB') - namely that they be informed of the Respondent's compliance with the terms of the remediation order.| Item type | Current library | Call number | Status | Date due | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE JUDGMENT (Browse shelf(Opens below)) | Available |
Spur House was previously an office block that was converted to provide the 39 flats with the commercial gym area on the ground floor. The Applicants were six long leaseholders of units within Spur House and the Respondent was the freehold owner. The Respondent was responsible for the re-development of Spur House in 2016.
Defective insulation (not installed in accordance with manufacturers guidance) and balcony defects (the balconies were constructed of combustible timer decking, timber edge protection/barriers and privacy screens).
The Decision:
The parties indicated that the general terms of the remediation order were agreed. The FTT raised a number of points regarding the format of the order – specifically in respect of items that went beyond what could be included in the same, for example a term that a third-party contractor approve and supervise the works. Instead, the FTT suggested that this be included by way of recital to the order (as opposed to a term of the order). Amendments were also made in respect of involving the Building Safety Regulator ('BSR') and the London Fire Brigade ('LFB') - namely that they be informed of the Respondent's compliance with the terms of the remediation order.