Organisations representing the UK’s cladding sites have issued a powerful video insisting on government assistance.
The organisations that took part included LKP, UKCAG (the UK Cladding Action Group), the Birmingham Leasehold Action Group (Brumlag) and the cladding campaigners in Leeds Cladding Scandal (@LeedsCladding on Twitter) and the National Leasehold Campaign.
The leaseholders who took part are living with the anxiety of having their homes in a combustible high rise. Many are continuing to pay for waking watch – and have done so for months – or are in buildings that are now difficult to insure.
The cladding groups have emphasised the importance of united action to resolve these crises. The message is: stronger together.
Several MPs have re-tweeted the video today, including Hilary Benn and Kevin Hollinrake. Shadow housing ministers Thangam Debbonaire and Mike Amesbury also lent their support.
Related posts:
Cladding scandal Westminster demo, February 25: three mayors, 27 MPs, 300 leaseholders, a swarm of media …
Cladding leaseholders tweet #HaveAHeart
Grenfell United link up with leaseholder groups to protest cladding crisis and warn next government of Grenfell 2
Help us get government to honour its pledge that leaseholders won’t be paying to remove cladding, says Hilary Benn
Coronavirus lockdown should not stop work on cladding, government told
Has Coronavirus caused collapse in service charge receipts? Not yet, says ARMA, but we will see in September …
May I suggest that you all look at your landlords’ application(s) for any relevant planning permissions? Do check that they acted legally and lawfully and in good faith when they applied. Check against the requirements of the Town and Country Planning Act 1990, s.65 and the Town and Country Planning etc Regulations 2015.
The Court of Appeal in Hounslow v. Waaler [2017] EWCA Civ. 45 paras 20-24 established that long leases are ‘relational’ contracts. This means that the landlord must act lawfully, honestly and in good faith and must not be oppressive, arbitrary or unconstitutional. These rights are in addition to those under ss.18-30 Landlord and Tenant Act 1985 and the Human Rights Act 1998. In other words they can no longer do just as they like.
There are also the Building (Amendment) Regulations 2018 which came into force December 2018. These have particular relevance to tower blocks over 18m high. As a rule of thumb count on 3m per floor so a six storey block will usually just qualify. External coverings are now required to be of a minimum Class A standard. An advisory note from the Department of Communities and Local Government of December 2018 sent to all Local Authorities and generally makes it clear that the commonly used Class O is no longer acceptable and that steps should be taken to remediate, but removal and replacement of external panels if need be. uPVC is hazardous when it deforms, which it does at 50 degrees C, as it then releases chlorine gas. This becomes HCL when it comes into contact with water e. g. upon contact with eyes, mouth and lungs. Five out of the six deaths at Lakanal House 3 July 2009 were down to the inhalation of fire fumes and only one to the actual burning effects of fire.
The starting point is to read your leases and see what they say then apply the above as additional obligations on your landlords. Those ‘clever’ ones who only sold lease in order to collect massive ground rents and ‘service’ (sic) charges may live to regret their continued involvement.