Construction Law

Tenants may become members/shareholders of a management company that is responsible for the repairing and other covenants under occupational leases in a residential block, having been party to those leases, but the management company itself does not hold a legal interest in the building. Is this scenario covered by the Building Safety Act? It would seem in this scenario that the tenants cannot claim the benefit of caps (ie, it cannot be a ‘relevant building’) given the management company's role but I can't find any authority for this. If it is a relevant building then the management company presumably has to provide the landlord's certificate but how if it is not the landlord?

Is it the case in the situation where the freehold of a mixed use 8 storey building is still owned by the developer but there is a headlease over that part comprising the residential flats which is held by a social housing landlord, neither the freeholder nor the social housing landlord are obligated to pay towards either cladding or non-cladding remediation costs? Will a lease of a residential flat within such a building remain a "qualifying lease" if bought by a company if it was such as at 14 February 2022 ie will such a corporate successor in title to the flat continue to benefit from the leaseholder protections conferred by the Building Act 2022? Should a buyer of a flat within an 8 storey mixed use building obtain a leaseholder deed of certificate from the seller establishing that the lease is a qualifying lease for the purposes of the Act as part of the purchase process and should this be served on the landlord or retained in anticipation of any future request by the landlord?

What is the consequence of a party deliberately disclosing the contents of without prejudice correspondence to a trial judge during oral evidence in a case where there is a dispute of fact, there is only one witness giving live evidence on each side and witness testimony is the key evidence in the case?

Under the Building Safety Act 2002, the cost of certain non-cladding remediation works are recoverable through the service charge. Can a landlord pass the costs which arise from the landlords obligations under the Fire Safety (England) Regulations 2022 to provide secure boxes for contact details, install signage, provide electronic copies of the building plans and complete regular checks on fire doors and lifts etc, onto leaseholders, under the service charge (where the wording of the lease permits it)?

How do I sign up for Brexit alerts?