The Grenfell tragedy in 2017 exposed a nationwide failure of building regulations. One which many property owners are struggling to rectify.
There is understandable concern among tenants and owners of buildings as to the level of financial liability for the replacement of flammable cladding.
This said, there are various factors that influence where liability lies.
Following the government’s rejection of a bill to protect leaseholders in early 2021, leaseholder liability will depend on the terms specified within the leasehold agreement. No legislation currently exists saying that the remediation costs cannot be passed on to leaseholders. However, Secretary of State for Levelling Up, Housing and Communities Michael Gove has recently warned developers that they must pay to fix the cladding crisis. Mr Gove has provided a deadline of early March to agree a fully funded plan of action including remediating unsafe cladding on 11-18 metre buildings.
As it stands, leaseholders are responsible for paying remedial costs, usually by way of a service charge. Therefore, it is prudent that a tenant reviews their lease in the event the lease contains such a provision.
How do I find out if somewhere I am planning to rent is safe?
If you are planning on becoming a tenant – whether on an assured shorthold tenancy or as a leasehold owner – it is best practice to request fire risk assessment information prior to signing any agreement. This will likely be accessible via your agent, landlord or building manager.
A tenant may potentially sue for damages in the event of incorrect cladding safety information being provided by the landlord prior to the commencement of a tenancy.
What are my options if my building has unsafe cladding?
If a house or flat is unfit for habitation upon completion, the person taking on the work for or in connection with the provision of a dwelling may be liable under Section 1 of the Defective Premises Act 1972.
Constructing a dwelling that is liable to catch fire, or permitting that construction, will give rise to a Section 1 liability claim. Litigation proceedings may be brought if the relevant contracting party refuses to accept the liability and payout.
Final thoughts
These buildings need to be brought up to standard, meaning that even more leaseholders are at risk of receiving large bills for the necessary works.
If you face having to pay out significant sums to rectify fire safety defects within your building, you need to act quickly.
If you become aware of a cladding defect you will need to consider whether or not this will affect any sale of the property and the need to disclose this to the purchaser.
Bringing any claim should be considered as early as possible as you may restrict the types of legal redress available or if left long enough lose the right to bring a claim altogether. However, Mr Gove warns that he will take all steps necessary to protect leaseholders by imposing a solution in law.
Should you require assistance, please do not hesitate to contact us or call our offices on 0113 266 0735.