PARLIAMENTARY DEBATE
Leaseholders and Cladding - 24 November 2020 (Commons/Commons Chamber)
Debate Detail
The question of who pays for remediation works is key for the Government and many of our constituents. We have been clear that leaseholders should not have to worry about the cost of fixing historical safety defects in their buildings that they did not cause. Tests have shown clearly that aluminium composite material—the kind of cladding found on Grenfell Tower—is the most dangerous form of cladding material. We continue to engage with building owners, regulators and the wider industry to ensure that it is removed from high-rise residential buildings as quickly as possible.
ACM remediation costs are being funded through several sources, including warranties, building owners and developers. We have provided £600 million to fund the removal of ACM where funding has been a key barrier to remediation and the Chancellor of the Exchequer has allocated a further £1 billion to be spent on removing other types of unsafe cladding over the current financial year.
It is important to remember that this is a multi-year problem. Remediation work cannot be done overnight and it must be done properly so that it makes buildings and residents safe. That forms part of the ongoing discussion that my right hon. Friend the Secretary of State has with other Departments.
However, I am clear, and I hope that the House is clear, that public funding does not absolve the industry from taking responsibility. We expect developers, investors and building owners who have the means to pay to cover remediation costs themselves without passing on costs to leaseholders, but we recognise that there are cases where that might not be possible, and cases where there may be wider costs relating to historical defects. The Government are determined to identify suitable financial solutions and remove barriers to remediation.
The Government have asked Michael Wade to accelerate his work with leaseholders and the financial sector to develop proposals to protect leaseholders from the costs of remediating historical defects wherever possible. However, we must also ensure that the bill does not fall wholly on taxpayers. We will update leaseholders on that work before the Building Safety Bill, which has just completed its prelegislative scrutiny, is introduced in Parliament.
I have a number of questions for the Minister. First, will he confirm very clearly and straightforwardly that leaseholders should not have to pay any of the costs of removing dangerous cladding from their homes, as has been the Government’s policy for some time? Those leaseholders bought their properties in good faith. They have not done anything wrong and they should not be financially distressed as a result.
If the Minister thinks that leaseholders should have to pay something—the Building Safety Minister said to the Select Committee that he thought an affordable amount was reasonable—how would he define an affordable amount? The Building Safety Minister said it was something that did not bankrupt an individual. However, if leaseholders are not going to pay—I hope the Minister will confirm that point—I accept that he should pursue developers, freeholders and others. In the meantime, if developers have gone out of business or are refusing to pay, does the Minister accept that, at least in the interim, the Government are going to have to step in and fund all the costs?
If the Minister accepts that point, does he also accept that the £1.6 billion so far made available to remove dangerous cladding will be totally inadequate? The Select Committee heard that to make all high-rise buildings totally safe and remove all defects, the total bill could be as high as £15 billion. Leaseholders should not have to pay that.
Finally, does the Minister accept that, without assurances on these points, many people are going to have a very miserable Christmas? They are trapped in properties that they cannot sell, that they often cannot insure and where they are having to pay for waking watches, and wondering how on earth they are going to pay the bills that could arrive on their doormats at any time.
First, the hon. Gentleman asks whether the building safety charge will be retrospective. We envisage that the building safety charge will cover ongoing costs that leaseholders may have to pay for legal costs, building safety inspections and the like. In our proposals, we have said that the Secretary of State will be able to prescribe costs to ensure that unfair building safety charge costs do not fall unreasonably on the leaseholder.
We will of course look very carefully at the 80-page report from the Select Committee. I think there are somewhere north of 40 recommendations in the report. We want to look at it carefully and considerately, because we recognise it forms an important part of our answer to the challenge of building safety. I hope that we can develop a cross-party approach to our further scrutiny of the Bill when it comes before Parliament.
The hon. Gentleman asked me whether leaseholders will pay any costs at all. The point of introducing £1.6 billion of public money is to make sure that in the buildings that are most at risk and where there is no means to pay, the state steps in and supports those leaseholders, but, fundamentally, we expect developers and owners to step up and execute their responsibility to pay where buildings have been defective.
I cannot say that there will not be some costs at some point related to some defect in historical building safety that will not fall upon the leaseholder, but we want to make sure, through the public money that we are spending and through the work of Michael Wade, that we find innovative solutions to make sure that such costs are as minimal as possible. We cannot write an open cheque on behalf of the taxpayer. That would send the wrong signal to developers and those who are responsible for these buildings that they do not have to pay because the taxpayer will.
The hon. Gentleman asks about my noble Friend the Building Safety Minister in the other place. I can tell him that Lord Greenhalgh is working round the clock to find solutions to the challenges that face leaseholders up and down the country. He is determined, with the work that he is doing with insurers, developers and the financial services sector, to ensure that we come up with those solutions, and I look forward to working with him closely as the Bill, which he will introduce to Parliament, works its way through both Houses.
The hon. Member for Ellesmere Port and Neston (Justin Madders) and I chair the all-party parliamentary group on leasehold and commonhold reform. We give our support to the work of the Select Committee, which, in this report, as in its previous one on lease renters, has laid out starkly one of the problems of some particular tenants. Social tenants do not have to pay, ordinary tenants do not have to pay; it is leaseholder tenants who have been lumbered with unimaginable anxiety and with costs beyond possible chance of payment. Until we get a full grip not just on the very high buildings and the aluminium cladding but on all the problems, including the developers who used wood for balconies in ways that were against the house building regulations, we are going to be left with a frozen part of the housing market in every single one of our constituencies.
We are grateful for the work that my right hon. Friend and his colleagues have done, but he should go on paying attention, as I think Lord Greenhalgh has, to the work of the Leasehold Knowledge Partnership, which was the first campaigning charity to get a grip of the scale of the problem. Also, will he say a word about waking watches, which are going on too long and at too high a cost?
My hon. Friend also asks about waking watch. We have published data on the costs of waking watch so that leaseholders are able to see the relative differences in charges by waking watch providers. It is entirely wrong that some providers charge so much, and I would point leaseholders to that data so that they can better understand where they may get better service. They may also know that alarm systems can pay for themselves within seven weeks and obviate the need for waking watch.
There are too many aspects of the building safety crisis to mention: the cost of remediation being passed to leaseholders and, yes, the interim costs such as waking watch; the snail’s pace of the work; other safety issues, such as firebreaks and wooden balconies not covered by the funding; the lack of prioritisation according to risk other than simply the height of buildings; and the ongoing saga of the external wall survey forms, despite this weekend’s botched announcement by the Secretary of State. How many reports are we going to need?
By my count, the Government have promised 11 times in this Chamber and beyond that leaseholders should be protected from the cost of remediation. Now we witness Minister after Minister shifting sand, referring to “affordable” costs put on the shoulders of leaseholders and enshrining in the draft Building Safety Bill the building safety charge—clause 89, there in black and white for people to see. Will the Minister tell me and the House what additional invoice paid in 28 days he defines as “affordable” or, as referred to at the Dispatch Box today, “reasonable”? Will he please answer that question?
Finally, will the Minister explain why those companies and developers that knowingly engineered false test results for insulation and cladding products, then riddled thousands of homes with flammable materials, are getting away scot-free?
The hon. Gentleman raised the question of the external wall system 1 form, which he knows is a form produced by the Royal Institution of Chartered Surveyors; it is not a Government form. I am pleased that, as a result of the negotiations undertaken by my right hon. Friend the Secretary of State and Lord Greenhalgh, the EWS1 form will no longer be necessary for those buildings that are not clad. The industry has made that clear. That will be to the benefit of about 450,000 leaseholders. But there is more to do, and we will continue to do it.
The hon. Gentleman asked me what affordability is. It is a very subjective matter, because what is affordable to one person is not to another. We want to ensure that, as a result of the work that my noble Friend is doing with the financial services sector and the insurance sector, we come up with appropriate and innovative solutions to ensure that unfair costs do not fall on leaseholders for defects that may be identified down the line.
The hon. Gentleman also referred to commentary on lies told about fire safety tests. I entirely agree that that was wrong. It was outrageous. When firms have been proven to lie, they must of course receive the full force of the law.
Despite the building safety programme applying only in England and Wales, its advice is still being used by insurance companies and mortgage providers in Scotland to guide decisions. This is leading to many people north of the border ending up in the same position as those south of the border: essentially mortgage prisoners and having their properties valued as worthless. The Minister knows that this is not just an issue of commonality for buildings over 18 metres; it includes those under 18 metres, too. So what measures will the Government be bringing forward, particularly with an eye to tomorrow’s spending review? What discussions has he had with lenders and insurance companies to make it clear that applying this process to Scotland is unfair? Will he agree to meet a delegation of Scottish MPs to look more closely at the issue impacting our constituents in this regard?
The problems for leaseholders arising from the 18-metre rule raise the question: why is the archaic and often unjust institution of leaseholding continuing in England at all? Might this, therefore, be an opportunity to follow Scotland’s example and abolish this outdated practice and the negative consequences that are so common with it?
“the scandal over building safety spreads far beyond dangerously clad tower blocks”
and could affect 4 million people. What are the Government doing right now to protect all those at risk of dying at home because of failures in the building safety regime?
The hon. Gentleman asks me about affordability, which is a very subjective matter. I want to make sure, through the funds we have made available and the work Michael Wade is doing with the sector, that people are able to get on with their lives, restore value to their properties, and live as normally as possible without the spectre of costs hanging over them.
I heard the Minister’s answer a moment ago to the question about whether or not the Government would look at the amendment from the House of Lords, and I listened carefully to his answer. Can he tell me whether or not the Government are sympathetic to the amendment, and whether or not the Government might put forward their own amendment that would be in order?
My hon. Friend asks whether we have sympathy with the amendment sent down to us from the House of Lords. I understand what the amendment is trying to achieve. I believe it is defective, but of course we will look at it from the point of view that another Chamber in this Parliament has sent us an important amendment, and we will give it appropriate consideration.
“I am a leaseholder and do not own any other part of the building, I had no say in how this was built, until recently I didn’t know what cladding was, have just been working and saving for years and putting it all into 1-bedroom apartment that now is worth nothing.”
Such constituents bought their homes in good faith, so I have one question to the Minister: do the Government agree with me that in principle it is wrong to make leaseholders pay for these bills?
Of course there are complications in sorting out liability and dealing with some of the technical issues of remediation. I entirely accept that, and the work being done, but will the Minister recognise that the moral point is not complicated? At the end of the day, leaseholders who have done nothing to create this situation, and who relied in good faith on a regulation that ultimately Government—of whatever description—own, should not be out of pocket for whatever reason. If that takes more money, will the Minister at least give the commitment that where it is a failure of regulation and no fault of the leaseholder, they will not ultimately have to pick up the tab?
Virtual participation in proceedings concluded (Order 4 June).
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