Building Safety Bill

Matt Rodda Excerpts

2nd reading
Wednesday 21st July 2021 Commons Chamber

[Matt Rodda (Reading East) (Lab)]

I welcome you to your place, Madam Deputy Speaker. It is a pleasure to speak in this important debate and to follow colleagues from across the House.

The Bill is a step forward. However, I have very serious reservations. I will build on the points made by my hon. Friend the Member for Manchester Central (Lucy Powell) and other colleagues across the House, including the Father of the House, the hon. Member for Worthing West (Sir Peter Bottomley).

First, it is important to focus on the single most important weakness of the Bill, which is that many thousands of existing leaseholders will not benefit from it. They are going to be penalised with exorbitant costs —far above what they could possibly pay off—due to the way in which the Government are tackling this deep crisis and the insufficient funding to make good the very serious problems with leasehold properties around the country that have become more and more apparent in the four years following the Grenfell disaster. It is simply deeply unfair that people who bought properties in good faith, in Reading and across the country, should have to pay enormous sums of money to make those properties fire-safe and to deal not only with cladding, but with a range of other issues that I will address in my short speech.

There is also the serious issue of properties under 18 metres. In my area, many blocks are under 18 metres high. I am sure that colleagues across the House will have the same issues in their constituencies. The residents in those blocks deserve to be treated much better by the Government and the industry. Let me give colleagues a small example by describing a desirable, beautifully designed block with an attractive foyer that is central to the town and next to one of the rivers in Reading—a great place to live in many ways, but in the case of a fire potentially a dangerous rabbit warren of small corridors, from which it would be difficult to escape. The block contains a huge amount of fire safety problems and residents may have to pay £150,000 each to get them put right. The problems include: issues with fire doors and with the doors into flats; a lack of internal partitions, meaning that a fire could rip through a block that contains more than 100 separate flats; and a whole range of other difficult problems. Those issues are not addressed by the Bill and they need to be.

I wish briefly to mention the confusion about the EWS1 form and lack of information until the very last minute. There are serious issues with getting the forms and it is right that the Government look into them, but it surely cannot be right to present that information as a written statement on the eve of the debate. I ask the Secretary of State and his colleagues to reflect on that, because it caused a great deal of confusion and concern today and was perplexing.

Let me say equally briefly that there is already a model for how to resolve this issue, and that is the Australian model, as mentioned by colleagues from all parties. Ultimately, it is a question of leadership from the Secretary of State.

Building Safety Bill

Matt Rodda Excerpts

Report stage
Wednesday 19th January 2022 Commons Chamber

As introduced, the Bill proposed to retrospectively and prospectively extend the limitation period to 15 years, meaning that it would not only apply going forward, but that it would be possible to bring a claim with respect to buildings completed from mid-2007 onwards, should the building have been constructed in such a way as to make it unfit for habitation.

[Matt Rodda (Reading East) (Lab)]

I ask for the Minister’s further reassurance on some points of detail that relate to these amendments. First, around half of the buildings in my constituency that have difficulties associated with them have non-cladding-related problems. Those include internal compartmentalisation that has been improperly finished. Indeed, in Queens Wharf in Reading town centre, the building owners estimate that nearly £1 million of work needs to be carried out. These are often very large sums. In other cases, the problem is wooden cladding, wooden balconies or a range of other things. Do the amendments relate to these problems, or to flammable cladding only?

[Christopher Pincher]

The Defective Premises Act has been in effect since 1972, so there is a significant body of case law that those wishing to bring an action, and indeed the courts, will be able to refer to, to determine whether a premises is defective and therefore whether an action should be successful. I am happy to write to the hon. Gentleman with further detail, but I can assure him that the Act is of long standing and has been well used, and there is a body of case law that can be applied.

--- Later in debate ---

[Felicity Buchan (Kensington) (Con)]

Let me begin by paying tribute to my constituents and the community of north Kensington.

I welcome the Bill, and I welcomed last week’s announcements that leaseholders in intermediate buildings would not have to pay for the remediation of cladding and other fire safety defects. I understand from the Minister that this will be incorporated in legislation in the other place. I want to stress how crucial it is that we get that right: it is critically important that we have robust legal protection for leaseholders. I welcome the statement that those on the Front Bench will listen to all good ideas, but it is important for us to be able to put this into practice quickly and effectively. I ask the Minister, as did my hon. Friend the Member for Harrow East (Bob Blackman) and the Chair of the Levelling Up, Housing and Communities Committee, the hon. Member for Sheffield South East (Mr Betts), to ensure that when the Bill comes back to this place, there is the opportunity for full debate and full scrutiny.

A number of Members said that some developers and freeholders have been behaving very badly, and I have such a situation in my constituency. Leaseholders in Collier House have paid for the remediation and the building is eligible for an existing fund, yet the building owner, outrageously, will not apply for those moneys. He does not want to get involved because the leaseholders have already paid. Such situations are clearly wrong in terms of how people should behave. I ask the Minister, as colleagues have, to ensure that we look to remedy situations where leaseholders have paid and take that into consideration. We need to find solutions, because they paid thinking that they were doing the right thing, and they may now be out of pocket as a result.

In conclusion, I very much welcome the direction of travel. However, it will be critically important to get the proposals right in the other place, and I ask that we have the opportunity for full scrutiny of what the other place decides.

[Matt Rodda]

I offer my support to the hon. Member for Kensington (Felicity Buchan). My thoughts are still with her community five years after the disaster. I am sure that the whole House would echo that support for her community.

I also thank the Minister for allowing me to intervene and for partially addressing my points. However, I want to expand on them, because they are very relevant to our discussions. The challenges for many people in my community will come from the sheer complexity of the situation. It is extremely stressful for many leaseholders and tenants, as Members across the House have said. It is very difficult for them to live in buildings with enormous problems. In many cases, they have suffered from these problems for some years, living in a period of prolonged stress and difficulty—both emotional and financial stress—and I look forward to working with the Minister and the Government to try to deal with this very serious problem.

I will highlight some of the practical difficulties that we need to tackle, as the shadow Minister, my hon. Friend the Member for Greenwich and Woolwich (Matthew Pennycook), mentioned. The great difficulty for many residents in my constituency and others is that the routes to redress are limited. In many cases, the legal route that the Minister outlined will be extremely difficult.

Perhaps I can describe the type of blocks that I am referring to. Many of the cases in Reading and in Woodley—a town next to the main town of Reading—involve low-rise blocks, so there has been a delay because they are lower- rise. There are problems from issues other than cladding, and many tenants and leaseholders live in these blocks. In one of the biggest neighbourhoods in Reading, there is a large area called Chatham Place, with a series of blocks and a series of different problems, including wooden cladding, balconies and a range of other things. There is also a combination of leaseholders and social housing tenants in the same block. There are multiple problems, and the Minister is right to explore the legal route to redress, but there are very serious challenges because of the difficulty of getting a group of people together to take action and of tracing the legal entities, companies, developers—in some cases, the developers are overseas—architects and the range of others involved. I ask the Minister to work with Opposition Members to look at the issue again and explore other avenues for toughening up the Bill. I look forward to the Lords amendments and I ask him to come back and look at this Bill again in more detail.

I wish to make two other points, also on behalf of local authorities and housing associations. The first point, which was raised with me by a local council that represents a town centre ward in Reading, was the difficulty, even now, for local authority officers to understand the exact guidance on different types of cladding. The issue of flammable insulation in walls was raised with me and there does not seem to be a clear answer on that. Secondly, in my area, housing associations were some of the first building owners to take action. However, as was rightly mentioned, these housing associations and their tenants could inadvertently be penalised. Please will the Minister look into that and provide reassurance?