FTT lacks power to compel landlord’s certificates (Will v G&O Properties)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Property Disputes analysis: The applicants had made repeated requests for the landlord to provide a ‘Landlord’s Certificate’ in accordance with the provisions of the Building Safety Act 2022 (BSA 2022). These were ignored. As a result, the applicants applied to the First-tier Tribunal (FTT) for an order compelling the landlord to comply. However, the FTT determined that it did not have the power to compel a landlord to adduce a certificate. Indeed, it was held that there is no regulation which enables the FTT to make an order determining whether a relevant landlord has failed to comply with the requirement to provide a landlord’s certificate. This case has important ramifications for leaseholders looking to enforce compliance with the new Landlord’s Certification regime under BSA 2022, as it appears that there is no recourse to the FTT except in limited circumstances. Written by Hugh Rowan, barrister at Tanfield Chambers.