After the sad event of Grenfell on 14 June 2017 the matter of replacing similar type cladding on 228 buildings which subsequently failed fire safety checks continues.

I have been instructed in respect of matters arising from 2 of those buildings in order to consider the provisions of the lease and the extent that the landlord can recover the costs of the replacement cladding and associated works from the leaseholders.

The high costs of the works comes not just from the required new cladding but also the amount of time that must be spent on the matter by a number of parties. These include the fire safety authorities, contractors and experts. 

Whilst the extent of the works are considered, planned and consulted there can be an additional requirement, enforced by the fire authorities, for fire marshals. This could extend to a 24 hour watch on the premises until the existing cladding is replaced. The cost of the fire marshal service is high but without this provision the fire authorities could enforce a shut down of the building.

The comment from the Housing Ministry that they would like to see private sector landlords meeting the costs of the works themselves is rather hopeful but whilst the outcome of the pending First Tier Tribunal will be of real interest on this issue (although it would not be a surprise to see any appeal either way) any other landlords and leaseholders need to start by considering their own building and the provisions of their lease.

Landlords or leaseholders can contact me on 0113 244227 or g.archer@burywalkers.com