Residential Leaseholders and Interim Fire Safety Costs

Philip Hollobone Excerpts

Wednesday 10th March 2021 Westminster Hall

[Mr Philip Hollobone (in the Chair)]

Welcome to Westminster Hall from the Boothroyd Room. I remind hon. Members that there have been some changes to normal practice in order to support the new hybrid arrangements. Timings of debates have been amended to allow technical arrangements to be made for the next debate. There will be suspensions between debates. I remind Members participating physically and virtually that they must arrive for the start of debates in Westminster Hall and are expected to remain for the entire debate. If Members attending virtually have any technical problems, they should email the Westminster Hall Clerks’ email address. Members attending physically should clean their spaces before using them and before leaving the room.

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

I beg to move,

That this House has considered residential leaseholders and interim fire safety costs.

It is a pleasure to serve under your chairmanship, Mr Hollobone. It is also a pleasure to be back in Westminster Hall and to be able to debate such an important topic today. When I became the MP for Vauxhall in 2019, two and a half years after the horrific Grenfell Tower fire, I did not expect to find so many of my constituents still living in unsafe buildings, blighted by dangerous cladding and other fire safety defects. To date, I have received correspondence from and been contacted by more than 250 individual leaseholders living in 27 different unsafe building developments in my constituency. And that is just in Vauxhall. The sheer scale of the cladding scandal is truly shocking, and it has revealed the full extent of what can only be described as a systematic failure in building safety in this country. But because of the tireless efforts of campaigners and their supporters up and down the country, we know that safety is only one part of this story. Leaseholders who bought their homes in good faith now find themselves saddled with the financial responsibility and liability for problems that they had absolutely no part in creating.

Much has been said recently about this injustice, and I am grateful to colleagues across the House who have called for urgent action to protect innocent leaseholders. Understandably, much of the debate has focused on who should pay for the cost of the remedial works to remove and replace the cladding. However, I want to draw attention to an equally urgent but much less talked about financial aspect of this crisis. That is the eye-watering charges that are being passed on to leaseholders for compulsory interim fire safety measures while they wait for the remediation work to be completed.

Interim costs have life-changing impacts. The sheer feeling of hopelessness is shared by many leaseholders I have spoken to. One constituent wrote to me and said,

“I have worked hard. I have contributed to the communities in which I have lived. I have paid over £100,000 in taxes over the past three years. And yet I now find myself facing potential bankruptcy, homelessness and the collapse of my business through no fault of my own. My future is utterly bleak, and my life feels worthless.”

As soon as a building is assessed to be unsafe, residents are told that they must immediately introduce additional fire safety protocols or face an evacuation order from the fire brigade. The requirement for those interim measures can be met in two ways. One is by appointing a waking watch, whereby trained wardens continually patrol the building in order to be able to detect a fire. The second is the installation of specialist alarm systems. Faced with homelessness, leaseholders have little choice but to assume the costs for those measures.

Interim measures have become a frequent occurrence as the fire safety crisis has unravelled over the last three and a half years. Every week, new buildings have been discovered to be unsafe. Worryingly, a fire safety assessment is generally triggered only when the leaseholder tries to remortgage or sell, which in turn triggers the external wall survey or the now-infamous EWS1 process. It means that the true scale of the problem is still unknown, and it will only grow in the months and years ahead.

There is currently nothing in law to protect leaseholders from the financial responsibilities for such interim measures, which are typically passed on through increased service charges. The data on interim costs are patchy and incomplete. Government figures show that the average estimated cost of a waking watch in England is £17,000 per block, rising to over £20,000 in London. Per household, that translates to a bill of approximately £500 a month for each affected household. Alarm systems are not much cheaper as an alternative, with estimates ranging from £50,000 to £150,000 depending on the size of the building. Those figures are eye-watering, and they will recur month after month, year after year, until the cladding is removed and the building is deemed completely safe.

In February of this year, the Minister told Parliament that

“we are clear that waking watch regimes should only ever be used in the short term”.—[Official Report, 1 February 2021; Vol. 688, c. 690-691.]

On one development in the Kennington area of my constituency, however, they have been paying for a waking watch since July of last year, at a cost of £10,000 per flat. The remediation works are not expected to be completed before the end of next year, and the alarm system is deemed insufficient to meet the danger. The total cost of the interim measures for this one development is currently estimated to reach over £1 million. What really sticks in the throat for my constituents is not just that the interim measures are expensive and mandatory, but that their effectiveness has been called into question. One constituent told me:

“These guys add little practical value and sit around watching TV on their phones, and yet we have to pay for them under the threat of being evicted if we don’t. In a fire, they are not really going to be able to make a blind bit of difference through evacuating residents.”

We have to remember that such interim measures are a daily reminder to our constituents that the buildings they live in are unsafe. The amounts are unaffordable for most people at any stage in life, but many of those affected are young, first-time buyers whose dreams of home ownership have turned into an unaffordable nightmare, with their homes literally unsellable. Industry experts estimate that it will take between five and 15 years for all affected buildings to be remediated. The truth is that the costs are anything but interim.

Ministers have known about this problem for almost four years. They have repeatedly acknowledged that fire safety defects are not the fault of leaseholders, and yet it took the Secretary of State until December last year to announce any sort of help for interim costs. The waking watch relief fund, which offers a grant to pay for the installation of fire alarm systems, was a welcome step in the right direction, but it remains the only form of Government assistance that is available for interim costs. In their current form, the fund’s provisions are partial and insufficient. Leaseholders living in blocks below 18 metres are excluded from applying. The Government claim that this is because the risk of a life-threatening fire in lower buildings is smaller, but any building that faces an evacuation order if the interim measures are not established is, by definition, clearly not safe, regardless of whether it is 18, 15 or 12 metres.

One such block in Vauxhall, which is under 18 metres, failed its EWS1 assessment in October 2020, and its leaseholders have had to find more than £170,000 to pay for interim safety measures. It is estimated that the remediation work will cost in total £1.4 million. The developer of the building has gone out of business, and leaseholders were all excluded from any Government support schemes. I simply do not know how this situation can ever be fair.

Even if we focus our attention on just the buildings over 18 metres that can apply for the fund, the £30 million that the Government have allocated is drastically short of what is needed. The Government estimate that that will pay for a maximum of 460 buildings, but there are at least 560 eligible buildings in London alone. Lord Greenhalgh told the Housing, Communities and Local Government Committee on Monday this week:

“We recognise that the £30 million goes some way, but not all the way.”

Finally, the fund pays only for an alarm system purchased and installed after December 2020. That totally ignores the thousands of pounds that leaseholders have already spent on compulsory and expensive but ineffective waking watch systems. How can that be right or fair?

The Government, including the Minister, have repeatedly said in the House that no leaseholder should pay, so I ask the Minister whether he agrees in principle that innocent leaseholders should not be responsible for solving the problems that they did not cause. Why are we asking the same leaseholders to pay extortionate sums for interim costs?

I am grateful to the Minister for attending this debate today. I want to conclude my remarks by focusing on what can be done to fix this appalling situation. I have four questions for the Minister, which I hope he will answer. Will the Government agree to the principle that no leaseholder should have to pay for interim fire safety measures to mitigate the problems that they did not cause? Will the Government commit to including provisions within the upcoming draft Building Safety Bill to protect leaseholders from such costs, and ensure that they are picked up by the people who were responsible for causing them in the first place? Will the Government immediately extend the waking watch relief fund to match the number of buildings that we know are affected, and make sure that all leaseholders facing these costs can apply regardless of building heights?

The Minister has previously said that interim measures should be used only temporarily,

“because they are an entirely inadequate substitute for remediation.”—[Official Report, 1 February 2021; Vol. 688, c. 691.]

With that in mind, will the Minister ask the Government to mandate a timetable for the completion of the remediation work in all unsafe blocks to make sure that the interim costs do not have to be paid by leaseholders for years to come?

[Mr Philip Hollobone (in the Chair)]

The debate will last until 10.55 am. I intend to call the Opposition spokesman no later than 10.32 am and the Minister at 10.42 am. Florence Eshalomi will have two or three minutes to sum up the debate at the end. There are 16 Back Benchers seeking to contribute. I want to make sure that everyone gets in, so I am afraid that I will have to impose a time limit. If we aim for three minutes, everybody should have their say. All Members participating virtually should have a countdown clock on their screens. We will start with Stephen McPartland.

--- Later in debate ---

[Bob Blackman (Harrow East) (Con) [V]]

It is a pleasure to serve under your chairmanship, Mr Hollobone. I congratulate the hon. Member for Vauxhall (Florence Eshalomi) on securing the debate, and it is a pleasure to follow my hon. Friend the Member for Stevenage (Stephen McPartland) and the hon. Member for Edmonton (Kate Osamor) in highlighting the concerns arising in the debate.

Given the circumstances, I want to concentrate on two areas. The first is cladding on tall buildings. I congratulate the Government on securing funding to help to remediate that cladding, but the problem is that the cost of removing cladding on tall buildings is often dwarfed by the cost of the fire safety measures that must also be implemented. It is quite clear, as things stand, that leaseholders will be saddled with the costs of the fire safety measures that are required, as well as the costs of the cladding. I should be grateful if my right hon. Friend the Minister would respond to the issue of what exactly is included in the remediation of cladding. At the Housing, Communities and Local Government Committee, there was some confusion when it was suggested that external areas that are not involved in the cladding, such as different balconies, will now be included in the grant scheme.

The other problem is that we are now told that once a fire assessment takes place, the remediation grants will not be available unless leaseholders sign up to fixing the fire safety issues as well, but those involve eye-watering sums of money. The arrangements, of course, are complex. I think we all agree leaseholders should not have to pay for the remediation, but the issue then is who should. I take the view that the taxpayer should not pay for it. The developers, building owners and indeed suppliers of materials should pay for the fire safety remediation, as well as the remediation of unsafe cladding. There is no doubt that the testing regime was unfit for purpose at the time in question, but emerging evidence from the Grenfell inquiry suggests that manufacturers deliberately decided to use the position on testing to cheat on the system. If so, they should be forced to carry out the remediation at their cost.

Equally, there is the challenge of insurance, mortgages and the values of the properties that are affected. Clearly, at the moment, leaseholders cannot be expected to wait for the introduction of the building safety Bill. It will take more than two years for it to come into operation, and leaseholders cannot wait. We need clarity on the point that the fees and costs will be picked up and that the leaseholders will not have to pay them. We also know that it will take an extended period to carry out the works.

I will rest my remarks there. I hope that we will get a response from the Minister on exactly what the scheme covers.

[Mr Philip Hollobone (in the Chair)]

In a moment, I will call Dame Margaret Hodge. The speaker after her has withdrawn, so then we will go to Hilary Benn.

[Dame Margaret Hodge (Barking) (Lab) [V]]

I warmly congratulate my hon. Friend the Member for Vauxhall (Florence Eshalomi) on securing this important debate.

In June 2019, a devastating fire tore through the timber balconies of Samuel Garside House in Barking. Residents lost their homes and possessions, and even their pets, and now live in fear, suffering sleepless nights and constant anxiety. Those residents were the first of many constituents impacted by the cladding scandal who have sought my help.

Leaseholders in Barking and Dagenham are not wealthy. Many live hand to mouth, and most cannot even afford contents insurance. Cladding has turned their dream of buying a home into a living nightmare. They face ongoing costs for interim safety measures, and cannot afford them. There are massive bills for waking watches, building insurance and EWS surveys, and the residents cannot sell or remortgage their homes.

At Academy Central, residents have paid £3,500 per household per year for a waking watch. Many cannot afford it and have been doing 24-hour control themselves, which places huge strain on their lives. At Rivermill Lofts, leaseholders have struggled to get an EWS survey. They have been quoted hundreds of pounds per flat, and only 70% of the households have paid up. In the meantime, their flats are worthless. At the Ropeworks, building insurance shot up from £70,000 to £650,000—that is 900%—in two years. At Barking Central, bills for interim measures have reached £6,500 per home. A third of leaseholders cannot afford that, and the cladding grant that they hope to get will not cover the costs of dealing with things such as flammable insulation or faulty firebreaks.

Many leases are buy-to-let, and the landlords often just do not care—at Arboretum Place, only five people turned up to discuss a way forward. The owner-occupiers cannot even begin to sort out the mess if the landlords will not engage. Responsibilities are diffuse, ownership is often shady and stakeholders shirk their obligations. I have had freeholders refusing point blank even to consider that they have a moral duty to help, developers refusing to turn up to meetings and insurers profiteering.

The Government said that leaseholders should not have to pay, but my leaseholders need Government action, not warm words. Developers, freeholders, builders, manufacturers and regulators should all contribute, but only the Government can force them to do so. The support package still has too many gaps—insufficient funding, arbitrary height thresholds, unaffordable loans and the ignoring of all the other defects. The issue will not go away—we will not let it—until the Government act comprehensively and thoroughly so that homes are made safe and leaseholders are not forced to foot the bills.

[Mr Philip Hollobone (in the Chair)]

I call Hilary Benn.

[Hilary Benn (Leeds Central) (Lab) [V]]

[Inaudible.]

[Mr Philip Hollobone (in the Chair)]

I call Sir Robert Neill.

--- Later in debate ---

[Hilary Benn [V]]

I hope you can hear me now, Chair.

[Mr Philip Hollobone (in the Chair)]

We can hear you, and now would be a really good time to hear your contribution.

[Hilary Benn]

I do apologise.

I join others in congratulating my hon. Friend the Member for Vauxhall (Florence Eshalomi) on securing the debate and on talking so passionately, as others have, about the unaffordable cost to our constituents of waking watches and insurance bills. We all know that those costs are to pay for the symptom of the problem; they will never remedy the problem itself, but they will eventually end up bankrupting people.

My constituent Hayley Tillotson saved up for four years to buy her flat. She called it:

“The proudest moment of my life.”

Just before Christmas, she had to declare herself bankrupt and hand back the keys to her dream home. Why? Because the waking watch fee was the same as her mortgage, and she did not have the money to pay it. The point I want to make is simply this: despite the steps the Government have taken, without something else happening, these so-called interim costs will continue to be demanded in the months and years ahead because the buildings will not have been made completely safe. Why is that? Dangerous cladding is only part of the problem. The other part is that wooden balconies and walkways, flammable insulation and missing fire breaks have been discovered time and time again as innocent leaseholders learn that their block was not constructed even to the building standards of the time.

The Minister knows perfectly well that leaseholders do not have the money to fix those other fire safety defects. When the Secretary of State was pressed on that, he said that the taxpayer could not be expected to meet the cost of fixing any safety defect on any building of any height. That is a fair point, although successive Governments do bear some responsibility because they presided over the scandal. But the people who really should pay—the developers, the builders and the freeholders—should be asked for the money. The Government have created the means through the tax and the levy announced by the Secretary of State, so they should provide loans to fix the problem and recoup the money from those three sources.

I am grateful to the Minister for his reply to my written question about whether works to remove dangerous cladding that are funded by the building safety fund will be delayed if insufficient funds are available to fix the other fire safety problems. A press report suggested that that could happen, but his reply implied that it would not. Could he clarify that in responding?

The fact remains that until sufficient funds are identified, the costs will continue to drain the resources and the spirits of all the leaseholders caught up in this nightmare. The question to the Minister remains a simple one: he knows that leaseholders cannot afford to fix the other problems, so what is his plan for getting them fixed?

[John McDonnell (Hayes and Harlington) (Lab) [V]]

I thank my hon. Friend the Member for Vauxhall (Florence Eshalomi) for securing the debate. May I say how impressive her introduction was? It is a reflection of the immense talent she brings to the House.

I will speak briefly, because I promised my constituents who live at the Ballymore development at High Point Village in Hayes that I would take every opportunity I could to raise their concerns. Like other Members, I find it virtually impossible to describe the distress that my constituents have experienced and are going through. It started the day after Grenfell, when they were concerned about their own safety, but it then took a long time to get a thorough inspection under way.

The developer has behaved totally irresponsibly and is failing to communicate effectively with my constituents. In addition, we are only now into the application stage for Government assistance to tackle the cladding costs and removal, and we have discovered that, as others have said, large measures will not be covered by the Government’s grant. I find it intolerable that the developer is now coming back and saying that all these other defects, which it is equally responsible for, including the wooden balconies, will not be covered in those costs. Therefore, my constituents feel that they will not be made safe, or, if they are, that it will be at a high cost to themselves and not the developers.

In the meantime, like other Members’ constituents, my constituents are being hit with increases in their service charges, particularly around insurance. There is no way that they can afford the waking watch costs that are being imposed on them. Like others, they feel lost. They are trapped in their homes. They cannot sell on. They are growing families. People are trying to move around the country to get a job, as a result of the job losses in my area, but they cannot, because they just cannot sell on. Their whole lives are being put on hold.

There has to be a sense of urgency from the Government now—a clarity about what is covered by the building grant put forward by the Government, to ensure that there is comprehensive cover. Secondly, all the interim measures have to be covered. Thirdly, there needs to be action from Government on the control of service charges imposed on many of our residents by some of these developers, whom most of us have lost confidence in, even if we had any in the beginning.

I close by re-emphasising the distress that this is causing my constituents—distress to the point that it is affecting their health. I think we have a number of mental health crises now as a result not just of what has happened to constituents because of the development of buildings that were not properly regulated or inspected and that were faultily built, but because of the distress caused by the laggard way in which the Government have handled this issue. I cannot stress enough the sense of urgency that there should be at the heart of Government about addressing these issues.

[Mr Philip Hollobone (in the Chair)]

Everyone has been so good that we can splash out and raise the time limit to three and a half minutes. Enjoy!