Grenfell style cladding costs

The legal repercussions have started in the wake of the horrendous tragedy. In particular, concerning all other buildings within the UK that are subject to having cladding removed and/or replaced. The area of intense debate is who is responsible for the costs of the works? 

Under strict interpretation of lease terms – many leaseholders are being found to responsible for the costs (payable through their service charges).  A post-Grenfell case of First Port v Citiscape lessees demonstrated this.

However, there is an active element of morality involved in these cases, and many building owners and/or developers are facing mounting pressure to step in to meet the cost (regardless of what the lease says). In fact, Taylor Wimpey has set aside £30 million to pay for the removal of unsafe cladding installed on its developments.

Also, there have been calls on the Government to get the works done regardless and then sort out who is responsible at a later date. Funding to have these works undertaken have been announced by the Government along with a ban on the use of Grenfell style cladding for new buildings.

Laura Severn, Director at LMP Law, our 'legally blonde' author has picked out a few significant legal highlights that she believes will affect the industry in 2019 and beyond.