Block Management Update – June 2026

1. White v Brindley [2026] UKUT 184 (LC) (8 May 2026) – The boundaries of the FTT’s decision-making powers

In an appeal against a First-tier Tribunal’s (FTT) decision in a service charge dispute, the Upper Tribunal (Lands Chamber) (UT) has clarified key points on the extent of the FTT’s jurisdiction.

The case concerned a landlord’s application to the FTT, under section 27A of the Landlord and Tenant Act 1985, to determine service charges payable by the long leaseholder of a flat. The FTT had directed the parties to comment on the recoverability of the charges under the lease but neither party responded. The FTT nevertheless found that the lease did not require T to pay insurance costs. (Incidentally, this contradicted an earlier 2020 decision of the FTT in relation to the same lease, which found insurance charges payable across seven service charge years.)

On appeal, the UT held that the FTT acted unfairly and outside the bounds of its discretion. The tenant had chosen not to comment on recoverability when the FTT had invited it to do so. When the FTT then decided the case on an issue the tenant had chosen not to pursue, it acted as an advocate for the tenant.

The UT confirmed the FTT may only raise a new point on its own motion in three situations:

• when it’s a matter of jurisdiction;
• where statute requires it to address a matter the parties have not raised; or
• to explore the scope of a party’s case by way of clarification.

2. Renters’ Rights

The first phase of reforms under the Renters’ Rights Act 2025 (RRA 2025) took effect on 1 May 2026, introducing a raft of significant changes to tenancy rules and procedures for the private rented sector in England. See our recent article for what you need to know.

The Ministry of Housing, Communities and Local Government has updated its Renters’ Rights Act Information Sheet guidance and its Renters’ Rights Act Information Sheet alternative formats guidance to include transitional arrangements for landlords who gave a valid section 8 or section 21 notice before 1 May 2026.

The Renters’ Rights Act 2025 (Commencement No 3) Regulations 2026 (SI 2026/638) were issued on 16 June 2026. These regulations are made to bring into force provisions of the RRA 2025 on 22 June 2026.

3. Muca v El Amrani; Harker & Ors v Hubert & Anor [2026] EWCA Civ 515 – Supply of gas safety certificates

The Court of Appeal has handed down its judgment in Muca v El Amrani; Harker & Ors v Hubert & Anor [2026] EWCA Civ 515 on the requirement for landlords to supply a gas safety certificate to tenants before occupation if they wish to rely on a section 21 notice.

The court confirmed that, where a landlord fails to provide a tenant with a gas safety certificate before the tenant first occupies the property, that breach is not capable of being remedied for the purposes of serving a valid section 21 notice, and so is fatal to the validity of a section 21 notice served. The court rejected arguments about permitting later compliance or treating renewed tenancies as resetting the obligation.

4. Some recent building safety cases

In Crest Nicholson v Ardmore [2026] EWHC 789 (TCC), the Technology and Construction Court confirmed that Building Liability Orders (BLOs) under the Building Safety Act 2022 (BSA) may be granted on an anticipatory basis, prior to determination of substantive liability, where just and equitable. The court also held that an adjudicator’s award can constitute a ‘relevant liability’ for these purposes, notwithstanding its provisional nature.

This case emphasises the statutory objective of ensuring those responsible for building safety defects bear the cost. It also underscores the breadth of judicial discretion and the willingness to pierce corporate structures where liability has been insulated.

On 21 May 2026, in Into Nominee v Study Group UK [2026] EWHC 1201 (TCC) (the Voyager House, Brighton case), the High Court held that an agreement for lease and a long-term commercial lease of student accommodation hadn’t been frustrated, despite serious fire safety defects being discovered some years following completion of the lease and the BSA rendering the building unoccupiable/unfit for its intended use. In a summary judgment hearing, the court rejected the tenant’s attempt to rely on frustration, and awarded the landlord substantial rent arrears. The court found that the parties had accepted there was a risk that the building may have contained defects at the time they entered into the agreement for lease. This was demonstrated by the lease terms, particularly clause 3.7, which imposed an unlimited obligation on the tenant to rebuild, reconstruct, renew or replace the whole of the demised premises whenever necessary, except for damage by insured risks. The court found that the repairing covenant was sufficiently wide to encompass latent defects requiring rebuilding, and clause 6.5 excluded any warranty that the premises were suitable for the tenant’s purposes.

As well as addressing the novel argument around avoiding rental liability due to building safety defects, Into Nominee v Study Group UK bears reading for its analysis of the doctrine of frustration and its approach to resolving this seemingly controversial case via summary judgment.

 City of Lincoln Council v Plantview Ltd concerns a local authority’s application for a remediation contribution order, following a prohibition notice which led to residents leaving the building and being rehoused. The case provides important guidance on what costs can actually be recovered under section 124 of the Building Safety Act 2022. In this article, we explain the First-tier Tribunal’s decision, and the approach likely to be adopted in future RCO application recoverable costs claims.

 5. Other building safety updates

The Building Safety Regulatory (BSR) has published its new strategic plan to March 2027. The plan prioritises: improvement of operations and processes; driving remediation of unsafe buildings; strengthened oversight during construction and at completion (Gateway 3); continuous review of building safety risks and standards; and improvement of professional standards and industry competence.

The government has published its Grenfell Tower Inquiry Phase 2 Report Government Response: Annual Report 2026. The report sets out a detailed account of the work undertaken over the past year, alongside the milestones and plans for the year ahead and beyond. The report is divided into thematic chapters that align with the government’s February 2025 response. The annex contains an update on the progress made against each individual recommendation, along with a delivery timeline for those recommendations that remain open.

The Remediation Bill (mentioned in the King’s Speech May 2026) is directly relevant to clients with interests in buildings with historic cladding or building safety defects. Of the 4,310 buildings in England with unsafe cladding over 11 metres in height, remediation work has been completed on only 35 per cent. The Bill is designed to accelerate progress. It:

• Introduces a new legal duty to remediate, compelling those who are responsible for the safety of their buildings to identify, assess and remediate unsafe buildings, without delay.
• Sets mandatory deadlines for cladding remediation work.
• Strengthens enforcement, including the possibility of criminal sanctions in the most serious cases.
• Enables developers, contractors and others who have paid to make buildings safe to properly pursue construction product manufacturers for remediation costs.
• Enables a third party (such as Homes England) to step in and carry out remediation where the responsible party is not acting. This power will be backed by sanctions, including cost recovery and potential sale of the responsible party’s interest.
• Mandates a nationally consistent approach to external wall assessments, to ensure remediation work is carried out to a uniform standard.
• Introduces a new register of all medium-rise buildings (11-18 metres) requiring remediation work.

After reporting approval of 67% of Gateway 2 decisions reached over a rolling 12-week period earlier in 2026, the BSR has introduced its comprehensive External Remediation Improvement Plan to reduce external remediation delays and improve management of application caseloads.

The government is considering proposed changes to how building works to existing higher‑risk buildings (HRBs) are categorised for building control purposes. The consultation focuses on improving the proportionality of the Gateway 2 approval process for Category A and B works, published guidance, the Competent Persons Schemes, and future reform.

The Fire Safety (Residential Evacuation Plans) (England) Regulations 2025 (REP Regulations) came into force on 6 April 2026. They create several new duties, including to conduct person-centred risk assessments of, and create evacuation plans for, individual residents who would have difficulty evacuating a building without assistance in the event of a fire. See the government’s Responsible Persons toolkit and PEEPs Guidance (updated April 2026) for further information.

The government has also published a Special Edition Building Safety Newsletter, highlighting the publication of: Grenfell Tower Inquiry Government Annual Report (referred to above), the Construction Products Reform White Paper, a Statement from the Interim Chief Construction Advisor, and more.

The Building Safety (Wales) Bill has received Royal Assent. The Act establishes a new building safety regime for multi-occupied residential buildings in Wales. More detail about the Welsh regime will be set out in regulations and government guidance to follow. See also our recent article: Building safety: A new statutory framework for Wales – Walker Morris.

For more building safety updates, see our dedicated Building Safety Act expertise page.

For earlier editions of our Block Management Update, click here.

Are you interested in the living sector and building safety more generally? Check out our regular Living Horizon Scanner (which also includes regular updates on retirement & care living).