Jo owns a flat in a seven-storey block in England. Her lease was granted in 2015, and on 14 February 2022 the flat was her only home and she owned no other property. Unsafe cladding on the block now needs replacing. Can its cost be charged to her through the service charge?
Under the Building Safety Act 2022, a block in England at least 11 metres high or with at least five storeys and two or more dwellings is a relevant building (s117). Jo’s lease was granted before 14 Feb 2022 and the flat was her only home on that date, so it is a qualifying lease (s119), and Sch 8 para 8 says no service charge is payable under a qualifying lease for cladding remediation (Walbrook (formerly LIBF) MRT1 AC9.1, main property defects). A buyer would not take on a cladding liability, and £10,000 (£15,000 in Greater London) is the Sch 8 para 6 cap on certain other remediation costs, not a charge for cladding.
Assuming the lease’s repair clause decides who pays for unsafe cladding.
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