1/15 A visceral image of fire at ACM-clad New Providence Wharf in London.

I hope everyone is alright and that the damage to people's homes is not extensive.

Some thoughts below on the govt's inevitable spin in response to this fire.

#NotJustCladding #EndOurCladdingScandal
2/15 First and foremost, this is a failure of government. It has had nearly 4 years to identify and remedy buildings at risk.

It has failed to do so, instead preferring to push the problem onto anyone except itself and then standing idly by whilst others did the same.
3/15 Freeholders do not do the right thing. The freehold to this building is still owned by the developer, Ballymore.

Ballymore has not offered any meaningful contribution to the vast costs of removing cladding, instead dumping the costs on the taxpayer and its leaseholders
4/15 Leaseholders (before today at least) had no legal remedies because this building is more than 6 years old.

Ballymore (and perhaps others) may now be looking at negligence claims for damage caused by this fire.

It shouldn't take a fire to get legal redress.
5/15 Developers won't take any steps to improve the standards of construction or fire safety unless they are made to account for the consequences of their choices.

That means reforming the law to extend limitation periods, abolishing bars to recovering economic loss...
6/15 ... implying transmissible terms and duties as to fitness for habitation and compliance with Building Regulations, requiring builders to carry proper insurance and improving the quality of building warranties, perhaps even putting them on a statutory basis to ease claims.
7/15 None of these legal reforms are currently on the table, although the gov't hinted it may make some of them.

It also means taxing developers to cover the costs of cleaning up their mess. Currently the gov't is consulting on capping their share at 13% of the est. £15bn cost.
8/15 Today also shows the need to reform leasehold law. Urgently and extensively.

How did having a professional freeholder help here?

Would residents have acted quicker to get remediation works done if they were masters of their own buildings, if proper funding were available?
9/15 Today does not justify passing the Fire Safety Act.

The changes to be made by that Act have already been forced via the Advice Notes.

The Advice Notes did not help at this building.
10/15 This fire does not justify the gov't approach to targeting resources based solely on height or type of cladding.

That approach did not fix this building.

We need comprehensive assessment using a properly calibrated risk model.

It should already have happened.
11/15 Yes, there is £5.1 billion available (although not yet) and, yes, that's a lot of money.

But it's not nearly enough. And it doesn't cover all of the issues, such as defective compartmentation.

And it still leaves leaseholders paying at least 2/3rds of the est. £15bn cost
12/15 And the money is not being spent on the highest risk buildings fast enough.

This is an over-18 metre building with extensive ACM cladding, which the gov't deems high risk.

But still not remediated, nearly 4 years after Grenfell, even with ACM fund in place since 2019.
13/15 And there are countless other buildings that won't get any financial support or where leaseholders will be forced to pay via #forcedloans, which also won't cover all costs.

The solution requires action and money. Gov't spin and PR won't solve anything.
14/15 The fire service does a difficult job in dangerous circumstances.

That does not justify blanket imposition of waking watches with no evidence to demonstrate their effectiveness.

Initial reports here say that the waking watch was ineffective.
15/15 Last but not least, this is an entirely foreseeable consequence of the government abdicating its responsibilities since Grenfell to drive comprehensive risk assessment and funding to rectify these issues.

Today illustrates the depth of the government's failure.

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More from @LiamSpender

7 May
1/5 A win for leaseholders in the Court of Appeal. The Court held that the landlord paying for a leaseholder expert to consider whether major works can be done more cheaply is a permissible condition of granting dispensation from consultation.
2/5 Where works cost more than £250 per leaseholder or involve certain types of contracts the landlord is obliged to consult leaseholders. However this process can be bypassed by landlord application to the First-Tier Tribunal.
3/5 It has become custom since a 2013 Supreme Court decision that dispensation from consultation is granted on the condition that the landlord pays its own application costs. Here the leaseholders persuaded the Tribunal to add the extra condition of also paying for their expert.
Read 5 tweets
6 May
1/4 #EndOurCladdingScandal @Barrattplc reports this morning that it will pay a £76.3 million dividend for the half year (bit.ly/2R1Hls2). That is nearly half the £200 million a year the government proposed to raise from its new Developer Levy. Half. From one developer.
2/4 The trading statement also reports a £163 million total hit to the bottom line from cladding & legacy issues. Around £100 million of that appears to relate purely to defective concrete frames in buildings like Citiscape.
3/4 The government can and should go much further with the paltry Developer Levy. It should also reform the law to make it easier to hold developers to account. None of the people involved in the current mess will learn anything unless there are consequences for actions.
Read 4 tweets
28 Apr
1/5 #FireSafetyBill reaches the end game.

@LordRoyKennedy has put down a motion that the Lords insists on keeping the amendment thrown out by the Commons earlier today.

That sets up a "double insistence" because it is the second time the Lords has offered the same amendment.
2/5 Neither House can insist on the same amendment twice.

If the Lords passes this motion and the Commons again rejects the amendment later today or tomorrow then the #FireSafetyBill will be lost.

Rule explained here: erskinemay.parliament.uk/section/5541/d…
3/5 If @LordRoyKennedy motion does go to a vote and is passed, it forces the gov't to choose between losing the bill or compromising to protect leaseholders.

This underlines how deeply the Lords feels on this issue. It is extremely rare for their to be double insistence.
Read 5 tweets
28 Apr
@nbdbuk #FireSafetyBill: Commons is just concluding the item before the bill on the agenda. MPs are asking questions regarding the UK's aid for India to help it cope with its coronavirus outbreak.
@nbdbuk #FireSafetyBill once this item is over the House of Commons will start to consider the bill. Debate will last no more than 1 hour.
@nbdbuk #FireSafetyBill expect the government to try to knock out the amendment added by @LordRoyKennedy in the Lords last night.

Anything less than a majority of 145 for the government on that vote shows a rebellion. Key test is whether number of rebels holds up.
Read 189 tweets
28 Apr
1/6 Many thanks to @LKPleasehold for publishing my write up of Commons and Lords proceedings on #FireSafetyBill yesterday.

There were some encouraging signs yesterday, which I summarise in this thread.

There's still a chance for the gov't to see sense and change track today.
2/6 Yesterday's positives were:

1. The Commons rebellion among Conservative backbenchers held strong.

2. The Lords voted by a large majority to protect leaseholders.

3. Gov't indicated it would bring forward a ban on forfeiture & extend limitation periods for building defects
3/6 The forfeiture and limitation reforms have been long advocated by leasehold campaigners, including @LKPleasehold and @PBottomleyMP and @NLC_2019.

They are not to be sniffed at, assuming the government keeps its promises.

But they are not nearly enough.
Read 6 tweets
27 Apr
@nbdbuk #FireSafetyBill thanks to @nbdbuk and the team of volunteers supporting the thread today.

Commons is just starting on the item before (a measure to reduce tool theft).

There's a short break after this item and then we will be on to the Fire Safety Bill, around 2.30 p.m.
@nbdbuk In terms of what to expect today on #FireSafetyBill government will try to knock out the @BishopStAlbans amendment added in the Lords last week.

It may offer a concession to avoid another rebellion. Last time 33 Conservatives rebelled against their party.
@nbdbuk @BishopStAlbans The bill will then go back to the House of Lords around 4.40 this afternoon. The Lords will have 3 choices. It can either give-up, add a completely new amendment, or try a revised version of @BishopStAlbans amendment.
Read 196 tweets

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