Digested Gove:
£4Bn for 11-18m cladding - good but relies on developers, manufacturers etc to cough up.
‘Want Developers, manufacturers etc to fund remediation of non-cladding issues’. Well. we all want that. Question is what Govt will do about it.
Will add (cross party?) amend to Building Safety Bill to ‘protect leaseholders’ from paying safety costs. This is a big one, with a lot of questions. Which costs? Arising when? (retrospective?). Seems clear will not extend to recovering payments already made by leaseholders. And
We now have a massive period of uncertainty. What happens to bills already demanded? What should leaseholders do? Wait for an unknown period to see if any amendment to the BSB would cover them?
It appears that ARMA and IRPM managing agents have been asked not to send out s.20 notices for 11-18m cladding costs - but there are, of course a lot of of other issues and demands out there.
And then, of course, the big question - if leaseholders aren’t to face safety costs, how will the work be done? While an amend to the BSB may relieve immediate cost pressures on leaseholders, it will leave the ‘can’t remortgage, can’t sell’ situation in place for a
very substantial time, while everyone waits to see if the remediation costs can be arm twisted out of developers, manufacturers etc. and eventually works done. And if only cladding costs end up covered? Stalemate. No works done.
On other bits -
the extra £27 million fund for replacing waking watch - good.
PAS-9980 and a ‘proportionate approach to risk’ - heaven knows, this is a punt as to whether it will make a difference with assessors or lenders.
Indemnity for assessors - necessary but again will take time to filter through in a way that will make a difference (as qualification also a big issue).
Allowing shared owners to sub-let - will depend on arm twisting HAs (short of legislation), and
in any event, sub-letting a potential unsafe dwelling is not attractive.
Protection against eviction/forfeiture for affected leaseholders - another mystery. Would need legislation. Will this be a BSB amend too? What will it cover?
So, there is significant short term uncertainty on the exact terms of what will be added to the BSB to safeguard (or not) leaseholders, and then huge longer term uncertainty over everything else, not least the money and what it will cover.
Oh, and nearly lost in the rest - extending Defective Premises Act limitation to 30 years (rather than 6 now and proposed 15 years in BSB)? This is good but of fairly limited utility. I presume it is part of the arm twisting on developers.

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More from @nearlylegal

17 Mar 21
On the Lords passing the McPartland/Smith/Bishop of St Albans amendment to the Fire Safety Bill. 1) Hurrah! 2) What happens now? The Bill goes back to the commons. But this time, unlike the govt stitch up last time, there will have to be a vote on the amendment. >
3) What does the amendment do? It is a short, neat, and quite brutal amend which would simply stop the costs of works under an order or notice under the 2005 fire safety order (amended by the Fire Safety Bill) from being passed on to leaseholders if in respect of build defects >
4) Does it dump all the costs on freeholders, as the minister suggested today? No, it is silent on who pays, except not the leaseholders. Could that mean freeholders have to pay? Yes, without something further from the Govt. Could freeholders go bust? Yes, just as leaseholders >
Read 5 tweets
15 Mar 21
Waiting for the House of Lords to vote on amendment 87C to the #DABill - to make it easier for a perpetrator to be removed from a joint tenancy without ending the tenancy. But earlier, saw the minister promise consultation and possible regulation in response to amend 66B. Image
The amend was to prevent a council from taking into account local connection for a victim of domestic abuse fleeing from council accommodation in another area in the council’s allocation eligibility decisions. bills.parliament.uk/Publications/4…
Pleasingly, I recognised the amend as one that was drafted by @justinbates28 and myself for the Commons stage of the #DABill and resurrected by the remarkable efforts of @womensaid and others. I didn’t know it was coming back.
Read 4 tweets
31 Jan 21
A couple of meta comments on the weekend’s legal related issues. 1) If I said something here in my private capacity which profoundly went against my firm’s stated values, I would expect there to be serious consequences for me. This is not about freedom of speech.
2) As a solicitor, I can choose what cases and clients I take on. Barristers can’t - if I instruct a barrister, they must do their best for the client whether or not they agree with the client’s position or like the client. This is very important. >
It means everyone can get a barrister who will argue their case as strongly as it can be argued within the law. I’ve instructed barristers who have previously argued against the legal argument I want to put forward now. I do this because they are good at their job, not because>
Read 9 tweets
29 Jan 21
Some thoughts ahead of the debate on building safety and the costs of remediation that Labour intend to force on Monday, and on the cladding/fire safety fiasco in general. This may be a lengthy thread (oh hell it is)… 1/23
It surely cannot be questioned that the absolute priority is that these buildings are fixed. Maybe hundreds of thousands of leaseholders (or their tenants) are living in unsafe, unmortgageable, unsellable properties. It is destroying lives and the property market.. 2/23
et alone the risk of another disaster and loss of life. So, the question is, has to be, how best to achieve the fixing of these buildings. As things currently stand, outside of the limits of the £1.6 billion in ACM and Non ACM remediation grants provided by the Govt, … 3/23
Read 24 tweets
20 Oct 20
Watched the @CommonsHCLG evidence of @team_greenhalgh Some thoughts on the minister’s position on the draft Building Safety Bill, with a particular view on the position of leaseholders.
First, they are continuing to explore ‘buildings with multiple owners’ - I’m not surprised as multiple accountable persons would be a nightmare. Second ‘we need to hear the voice of residents’ - well yes, but apparently have not done so so far, which is, you know, a bit late.
Thirdly, ‘could learn from Australia’ - no signs of having done so at all… Fourthly ‘looking at these costs, trying to unblock the finances, and make sure costs to leaseholders affordable, but nothing to report now’ says Expert Adviser Michael Wade (insurer background) -
Read 11 tweets
20 Sep 20
Via @Lees_Martina (and @PeteApps ) we now have a sense of how bad the cladding crisis is. The Govt’s (non-ACM) fund for remedial works had 2,957 blocks registered. (The fund would cover about 600 blocks.) That is a quarter of all high rise blocks in England.
Add to that the 300 or so blocks with ACM cladding remaining. These 3257 are the blocks with identified issues, and that met the initial requirements of the Govt’s scheme. There will be more where issues not yet identified.
There will be many more blocks under 18m height with issues as well. Of blocks that have had an EWS1 inspection so far, 92% have failed. Even though it is likely that blocks with known issues, or likely issues, would be inspected first, that is a staggering percentage.
Read 9 tweets

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