Walker Morris BSA expertise

Property developers and housebuilders

Walker Morris’ BSA experts’ BSA work for developer and housebuilder clients includes providing support in respect of defects arising from properties/developments. As well as negotiating contracts with contractors and professionals on all types of new, in-scope developments (including student accommodation), we act for both claimant and defendant developers/housebuilders in actions against contractors or professionals involved in original design and Defective Premises Act claims.

Our specialists in this area of work:

• Sue Harris
• Paul Hargreaves
• Martin McKeague
• David Manda
• Tom Peel
• Deborah Walls

UK Government/Department for Levelling Up, Housing and Communities

As the only firm instructed by DLUHC in relation to enforcement of the provisions of the BSA against freeholders and developers, Walker Morris’ BSA experts are in the unique position of being able to advise clients from a position of practical, hands on experience of this new and developing area of law.

Our specialists in this area of work:

• Martin McKeague
• Lewis Couth
• Asia Munir
• Tom Peel
• Sue Harris
• Paul Hargreaves

Housing Associations

Walker Morris’ Housing Management & Litigation, Real Estate Litigation and Construction & Engineering specialists have long-standing,  expertise in acting for Housing Associations, providing strategic, regulatory, transactional and dispute resolution advice. In the BSA context, our experts can provide Housing Associations with wide-ranging advice on all aspects of BSA 2022. In particular, we can work with Housing Associations in relation to the ability to recover defect remediation costs via service charge mechanisms in occupational leases, and to pursue or defend claims arising out of defects with any build/development.

Our specialists in this area of work:

• Karl Anders
• Lewis Couth
• Sue Harris
• Paul Hargreaves

Freeholders

Our BSA experts work with a range of freeholders and investor clients to in respect of cladding/building safety defects arising from properties/developments. We are experienced in acting from both the claimant and defendant perspective, and in relation to remediation orders or remediation contribution orders, and can provide wide-ranging advice on all aspects of the BSA, as well as on Defective Premises Act claims.

Our specialists in this area of work:

• Martin McKeague
• David Manda
• Tom Peel
• Sue Harris

Lenders, landlords and property managers

For lenders, landlords and property managers/management companies, Walker Morris’ BSA expert provide advice on the ability, under the BSA, to recover defect remediation costs via service charge mechanisms in occupational leases, as well as advising on the various landlord and tenant aspects of the BSA. This includes advising, from the landlord/property management perspective, on leaseholder protection provisions. Key issues include whether the landlord can recover service charges from leaseholders in relation to the costs of remediation of historic defects, advising in relation to landlord’s certificates and leaseholder certificates, dealing with remediation orders and remediation contribution orders, and advising on the circumstances in which a leaseholder can apply to the residential property tribunal.

Our specialists in this area of work:

• Karl Anders
• Asia Munir
• Pawan Pandit

Leaseholders, tenant groups and Right to Manage companies

Walker Morris’ BSA experts can provide BSA advice and support to qualifying and non-qualifying leaseholders on all landlord and tenant aspects of the BSA. This includes advising, from the tenant perspective, on leaseholder protection provisions, for example: whether the landlord can recover service charges from leaseholders in relation to the costs of remediation of historic defects; advising in relation to landlord’s certificates and leaseholder certificates; dealing with remediation orders and remediation contribution orders; and advising on leaseholder applications to the residential property tribunal.

Our specialists can also act for leaseholders, tenants groups and Right to Manage companies in relation to BSA claims against contractors/professionals and Defective Premises Act claims.

Our specialists in this area of work:

• Karl Anders
• Asia Munir
• Pawan Pandit
• Sue Harris
• Paul Hargreaves