Waite is Over: First Remediation Order granted under the BSA 2022
In Waite and others v Kedai Ltd , the First-Tier Tribunal (“FTT”) granted the applicant leaseholders the first Remediation Order to be made under section 123 of the Building Safety Act 2022 (“BSA”).
The Background to the Case
In 2019, following the Grenfell tragedy, fire safety concerns arose in relation to ACM cladding on the upper two storeys of two blocks of residential flats in London (“the Property”).
Subsequently, Ms Waite and around 30 other leaseholders applied for a Remediation Order against their landlord, Kedai Limited, for the remediation of defects in relation to unsafe ACM cladding, combustible insulation and missing fire stopping at the Property (the “Defects”).
Both parties agreed that Kedai was a ‘relevant landlord’ within the meaning of section 123 of the BSA and that the Property constituted a ‘relevant building’. However, Kedai reserved its position as to whether some of the defects were ‘relevant defects’ and contended that technical evidence would be required to determine whether the alleged defects amounted to a ‘building safety risk’.
What did the Court Decide?
The FTT granted the Remediation Order against Kedai requiring it to remedy all Defects by 19 September 2025.
The FTT was satisfied that the majority of the Defects at the Property were relevant defects for the purposes of the BSA and that the Defects constituted a building safety risk.
Other relief sought by the Applicants was, however, denied, including an order making the Applicants’ prior agreement as to intended scope of works a precondition to the commencement of remedial works; and an order obliging Kedai to obtain an independent report signing off on completion.
As the first of its kind, this case provides a useful insight into the sort of considerations the FTT will have in mind in assessing claims for Remediation Orders, and the nature, scope and extent of any Orders it might be prepared to make.
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