First-tier Tribunal Designates Management Company as Principal Accountable Person

OUTCOME: Allowed

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In the FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Tribunal case reference : CAM/26UH/BSG/2024/0600 Building : [ADDRESS] [POSTCODE] Applicant : [redacted] Respondents :

[redacted] [COMPANY] 2. [COMPANY] of [NAME] : Principal accountable person s.75(1) Building Safety Act 2022 Tribunal : Judge David Wyatt Date of decision : 13 June 2025

DECISION

Procedural matters 1. The following decision uses in substance the draft wording produced by the Applicant and agreed by the [NAME] Respondent after the invitation from the First Respondent to set aside the directions and issue a final decision based on the concessions recited below. The time for any representations from the First Respondent on the terms of this decision have passed with no such representations and no request for an extension of time.

2.

Accordingly, the case management directions are set aside, the hearing is vacated and the tribunal makes the following decision to dispose of these proceedings.

2 Decision UPON the Applicant’s [NAME] pursuant to section 75 of the Building Safety Act 2022 for: (1) a determination that the First Respondent is the principal accountable person in respect of the building known as and situate at Block C, 225- [ADDRESS], Woolner’s [ADDRESS] [POSTCODE] (the “Building”); together with (2) an order to be made pursuant to section 20C of the Landlord and Tenant Act 1985 that the First Respondent’s costs of this [NAME] are not to be regarded as relevant costs to be taken into account in determining the amount of any service charge payable by the Applicant AND UPON reading the letter dated 29 May 2025, from [COMPANY], the solicitors for the First Respondent, in which the First Respondent: [redacted] conceded that it is the principal accountable person for the Building; (B) conceded that the First Respondent will not seek to recover its costs of these proceedings through the service charge, agreeing to an order pursuant to section 20C of the 1985 Act; and (C) consented to the tribunal proceeding to a determination on the papers, based on the said concessions made the First Respondent AND UPON the Applicant and the [NAME] Respondent considering the said letter of 29 May 2025 and consenting to the tribunal proceeding to determine the [NAME] on the papers, based on those concessions AND UPON the tribunal being satisfied that: (i) the Building is a higher risk building within the meaning of section 65 of the Building Safety Act 2022 and the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023 (SI 2023/275) (as amended); (ii) by reason of section 73(1)(b)(ii) of the Building Safety Act 2022, the First Respondent is the principal accountable person for the Building; and (iii) in all the circumstances, it is just and equitable to make an order pursuant to section 20C of the Landlord and Tenant Act 1985 that the First Respondent’s costs of this [NAME] are not to be regarded as relevant costs to be taken into account in determining the amount of any service charge payable by the Applicant

3 IT IS DETERMINED AS FOLLOWS: (1) The First Respondent, [ADDRESS] (Stevenage) [RESPONDENT], is the principal accountable person for the building known as and situate at Block C, 225-[ADDRESS], Woolner’s [ADDRESS] [POSTCODE]. (2) Pursuant to section 20C of the Landlord and Tenant Act 1985, none of the First Respondent’s costs of this [NAME] are to be regarded as relevant costs to be taken into account in determining the amount of any service charge payable by the Applicant. Judge David Wyatt

13 June 2025

Rights of appeal

By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have. If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written [NAME] for permission must be made to the First-tier Tribunal at the regional office which has been dealing with the case. The [NAME] for permission to appeal must arrive at the regional office within 28 days after the tribunal sends written reasons for the decision to the [NAME]. If the [NAME] is not made within the 28-day time limit, such [NAME] must include a request for an extension of time and the reason for not complying with the 28-day time limit; the tribunal will then look at such reason(s) and decide whether to allow the [NAME] for permission to appeal to proceed, despite not being within the time limit. The [NAME] for permission to appeal must identify the decision of the tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal and state the result the party [NAME] the [NAME] is seeking. If the tribunal refuses to grant permission to appeal, a further [NAME] for permission may be made to the Upper Tribunal (Lands Chamber).