Triathlon Homes LLP v Stratford Village Development Partnership & Get Living Plc

In one of the most consequential rulings to date under the Building Safety Act 2022 (BSA), the First-tier Tribunal (Property Chamber) ordered Stratford Village Development Partnership (SVDP) and its associated company Get Living Plc to pay almost £18 million in remediation contributions to Triathlon Homes LLP for fire safety defects across several residential blocks in East Village, the former London 2012 Olympic Village.
This judgment is widely regarded as a landmark BSA decision, affirming the powerful scope of Remediation Contribution Orders (RCOs) under section 124, and reinforcing the principle that developers — and their associated companies — can be held financially accountable for historical life-critical defects, regardless of when those costs were incurred.
Key Facts

• Triathlon Homes is responsible for managing affordable housing units in the East Village estate.
• Serious fire safety defects were identified across multiple blocks, including combustible cladding systems, inadequately installed cavity barriers, and non-compliant fire-stopping.
• Triathlon sought RCOs to reclaim millions already spent on interim safety measures and forecast remediation costs.
• Get Living, the long-term asset owner and SVDP’s parent/associate, was added as a respondent — testing how far “associative liability” under the BSA could extend.

Tribunal Findings1. Extensive Fire Safety Defects ProvenExpert evidence confirmed that the cladding and fire-resistance systems failed to meet Building Regulations at the time of construction, creating unacceptable life-safety risks.
2. Developers Liable for Both Past and Future CostsThe Tribunal held that RCOs can cover:

• costs already incurred before the BSA came into force, and
• anticipated future costs, provided they are backed by credible evidence.

This widened the financial exposure for developers significantly.
3. Associated Companies Can Be Compelled to PayGet Living Plc was held financially responsible despite not being the original contractor.
The Tribunal emphasised that Parliament intended to prevent developers from shielding assets using complex corporate structures.
4. “Just and Equitable” Test MetIt was considered fair to require the respondents to contribute given:

• their status in the development structure,
• the scale and seriousness of defects,
• and their financial capacity relative to Triathlon Homes.

Financial ImpactTotal Ordered Contribution: ~£18 MillionThe RCOs covered:

• historic expenditure by Triathlon Homes (e.g., waking watch, investigation costs), and
• projected remediation work, including cladding removal and replacement.

Additionally, Get Living’s 2023 financial accounts recorded a £151 million remediation provision, explicitly acknowledging regulatory and legal risk related to fire safety defects — highlighting the broader financial consequences of the Tribunal’s decision.
Wider Significance

• First major RCO test case: Establishes the enforceability and breadth of BSA powers.
• Strengthens leaseholder protection: Costs shifted away from residents and housing associations onto developers and corporate groups.
• Signals to industry: Developers can no longer rely on limitation periods, corporate structuring, or contractual technicalities to avoid remediation liability.
• Major precedent for future BSA enforcement: Expect more RCO claims from housing associations and managing agents nationwide.