The Building Safety (Leaseholder Protections etc.) (England) (Amendment) Regulations 2023

Amendment of regulation 5 and transitional provision

7.—(1) Regulation 5 (recovery of amounts from other landlords: other cases under Schedule 8) is amended as follows.

(2) But the amendments made by paragraphs (4), (5), (6), (7) and (8) do not apply in respect of a notice given before the date on which this regulation comes into force by a landlord under regulation 5(7) of the Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022.

(3) In paragraph (3) after “4” insert “but nothing in this regulation prevents L from seeking to recover amounts under Regulation 3 or 4”.

(4) For paragraph (7) substitute—

“(7) To recover from each landlord their share of the remediation amount for which each is liable under paragraph (2) L must give to each landlord a notice which contains the information set out in paragraph (7A).

(7A) The information which the notice given under paragraph (7) must contain is—

(a) the remediation amount that L has paid or the remediation amount which L expects to pay;

(b) the amount which the recipient of the notice is required to pay to L (“the specified amount”);

(c) how the specified amount was calculated;

(d) the time limit for appealing under paragraph (8) to the First-tier Tribunal and for applying for an extension of that time limit under paragraph (8A);

(e) the possible grounds of appeal.”.

(5) In paragraph (8) omit “that notice”.

(6) After paragraph (8) insert—

“(8A) A person who has received a notice under paragraph (7) may apply to the First-tier Tribunal to extend the time limit for lodging an appeal under paragraph (8).

(8B) An application under paragraph (8A) must be made within 30 days of the notification under paragraph (7).

(8C) In response to an application under paragraph (8A) the First-tier Tribunal may grant an extension of the time limit for lodging an appeal by no more than 30 days.”.

(7) After paragraph (9) insert—

“(9A) Where an appeal made on the grounds specified in paragraph (9)(a)—

(a) is unsuccessful, subject to the outcome of an appeal on another ground under this regulation, the person who was notified by L is required to pay the specified amount set out in the notice;

(b) is successful, subject to the outcome of an appeal on another ground under this regulation, the First-tier Tribunal must substitute the remediation amount it rules is the correct one for the specified amount set out in the notice.

(9B) Where an appeal made on the grounds specified in paragraph (9)(b)—

(a) is unsuccessful, subject to the outcome of an appeal on another ground under this regulation, the person who was notified by L is required to pay the specified amount set out in the notice;

(b) is successful, the person who was notified by L is not required to pay the specified amount set out in the notice.

(9C) Where an appeal made on the grounds specified in paragraph (9)(c)—

(a) is unsuccessful, subject to the outcome of an appeal on another ground under this regulation, the person who was notified by L is required to pay the specified amount set out in the notice;

(b) is successful, subject to the outcome of an appeal on another ground under this regulation, the person who was notified by L is required to pay the share of the remediation amount determined by the First-tier Tribunal, calculated in accordance with paragraphs (4) to (6).”.

(8) In paragraph (10) after “company” insert “or a named manager”.

(9) After paragraph (11) insert—

“(12) An amount payable to L under this regulation is recoverable by L as a civil debt.”.