‘David vs Goliath’ battle over fire bill

Leaseholders and freeholders are preparing for battles in court as the stalemate over who should pay for cladding repairs has intensified.

Because government funding will not cover the cost of many works, one homeowner has filed a “David vs Goliath” county court claim against the owner of his building.

Robert Frazer, 34, purchased his leasehold flat in Transport House in Salford 15 years ago. In September 2019, a fire assessment found – as in thousands of similar developments across the country – wooden walkways needed to be replaced and the exterior walls required remedial works.

The full costs are yet to be determined but the building is less than 18m (59ft) high, which means it does not qualify for government grants and is only eligible for low-interest loans.

Mr Frazer has so far been billed £4,007 for the walkways and has now filed a county court claim against his freeholder, Irwell Valley Homes, for the fee. He argues the walkways were not compliant with building regulations at the time of construction.

Mr Frazer purchased his home from Irwell Valley, the freeholder of Transport House, after it was built by Lovell Homes, Irwell Valley’s contractor, in 2005. The plans were submitted to the local council for approval at the time and the building’s guarantee has now expired.

“I have no expectation of winning any claim,” said Mr Frazer. “But I want Irwell Valley to accept its liabilities and not pass them on to leaseholders.”

Claire Griffiths of Irwell Valley Homes said the company had asked the first-tier tribunal, the government body responsible for issues relating to property disputes, to assess whether it could charge for the costs and was waiting for its decision. “In the meantime, the safety of residents remains our number one priority and we continue to progress with the fire safety works at Transport House,” said Ms Griffiths. Lovell Homes declined to comment.

Richard Allan of Irwin Mitchell solicitors said freeholders had also started to initiate claims against developers of buildings that now require fire remedial work, but that few had issued proceedings yet. Freeholders are still assessing the full costs of the works and are working out what would be covered by the Government’s building safety fund, said Mr Allan.

Developments typically have a 10-year National House Building Council warranty. Homes built without an NHBC warranty can be covered by the Defective Premises Act, which states anyone involved in the design of a building has a duty to ensure that it is fit for habitation, said Mr Allan. This would typically hold developers liable for defects for six years after completion. Making claims after this time period has expired is difficult, he added.