1/6 #BuildingSafetyCrisis Just catching up on @LordRoyKennedy's urgent question to @team_greenhalgh in the House of Lords today.

Video of full questioning is here: parliamentlive.tv/event/index/79…
2/6 Shocking answers from @teamgreenhalgh. He repeated the gov'ts incorrect assertion that works not covered by the BSF are "voluntary".

This is incorrect. The non-BSF works are often necessary to meet the standards of the Advice Notes but the gov't has chosen not to pay.
3/6 Unsurprisingly @teamgreehalgh blamed Ballymore for what happened to @npwlra with the fire on Friday, noting that the gov't has only offered £8 million to £12 million of works.

No mention of the fact that it took until last year for the gov't to put up any material funding.
4/6 @kathpinnock also raised the issue of managing agents demanding leaseholders sign agreements committing to pay non-BSF costs.

Any leaseholder who signs such an agreement is waiving any right to challenge the reasonableness of the charges incurred, both in purpose and amount.
5/6 If that is what managing agents are asking any leaseholder to do then it can only be described as despicable.

Such agreements would give agents carte blanche, leaving leaseholders firmly on the hook with no avenue to challenge unreasonable expenditure.
6/6 So another day in which the depth of the government's failure in relation to this issue was made plain.

Perhaps in a sign of a gathering storm, there were a questions from Tory backbench peers on this issue not at all friendly to the gov't.

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More from @LiamSpender

13 May
1/6 Using MHCLG’s own estimates there are 8,000 >18 m buildings with cladding requiring an EWS1. Multiply that by the £2.2 million average full BSF funding per building awarded to date (£241.5m/106) gives an estimated cost of £18.23 billion. #EndOurCladdingScandal
2/6 While you’re thinking about that MHCLG, on Tuesday you estimated the Building Safety Bill will apply to 13,000 >18 metre buildings. Multiplying that by £2.27m per block gives £29.5 billion, or nearly 6 times what’s currently on offer.
3/6 Your estimate of buildings 11-18 metres with cladding requiring an EWS1 is 50,000. Assuming each costs 1/2 of a >18m building that’s £56.75 billion just on them. You may not have focussed on that because your planned #forcedloans dump that cost + interest on l-holders.
Read 6 tweets
11 May
1/8 #QueensSpeech '21 is a mixed bag in terms of #EndOurCladdingScandal and for #leaseholdreform

As promised, the government has announced a bill to ban new ground rents. Commitments were made during the #FireSafetyBill debates last month to also look at forfeiture.
2/8 Implementing the rest of the Law Commission's recent reports on #leaseholdreform is expected to wait until later.

The balance of the package outlined important reforms on cheaper lease extension, easier Right To Manage and improving commonhold.

We need all these reforms.
3/8 As expected, the government also promises that the #BuildingSafetyBill is to be introduced this session.

We wait to see if the deeply unpopular Building Safety Charge is still included and how "high risk buildings" will actually be defined in the new law.
Read 8 tweets
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
7 May
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
Read 15 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

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