The Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022

Recovery of amounts from other landlords: cases under paragraph 3 of Schedule 8

4.—(1) This regulation applies where, in relation to a qualifying lease(1) of a dwelling in a relevant building, a landlord (L) has paid or is liable to pay the cost of a relevant measure relating to a relevant defect (“the remediation amount”) which, but for paragraph 3 of Schedule 8 to the Act, would have been payable as a service charge by the tenant under the qualifying lease.

(2) Where this regulation applies the contributing landlord is liable to pay L the remediation amount, and L must give a notice to the contributing landlord of the liability.

(3) The remediation amount may not include any amount which L is entitled to recover under regulations 3 or 5.

(4) A person who is notified by L of a requirement to pay the remediation amount may appeal that notice to the First-tier Tribunal within 30 days of the notification, specifying the grounds of appeal.

(5) The grounds of appeal are—

(a) that the remediation amount does not represent the cost of the relevant measure; or

(b) that the person sent the notice is not the contributing landlord.

(6) For the purposes of this regulation, the reference to landlord (L) includes a RMC or a RTM company.

(7) In this regulation “the contributing landlord” means the person who is the landlord under the qualifying lease referred to in paragraph (1) provided that they met the contribution condition in paragraph 3 of Schedule 8 to the Act on the 14th February 2022.

(1)

See section 119 of the Act for the definition of “qualifying lease”.