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Seven years after Grenfell: Labour must end the cladding scandal

Everyone deserves a safe home in which to live, work, care for their families and be able to make plans for their future. Yet, more than seven years after the Grenfell Tower fire, an estimated 600,000 people will go to bed tonight in homes that are still unsafe, and almost 3 million are trapped with unsellable homes, unable to move on with their lives, according to recent analysis by the Sunday Times. More than 15,000 residents have been ordered to leave their unsafe homes since Grenfell, and evacuations are on the rise.

Justice has been a long time coming for the bereaved, residents and survivors of Grenfell. The Grenfell Tower Inquiry will publish its Phase II report on 4th September, which is an important step in holding individuals and organisations to account for the loss of 72 innocent lives, but criminal trials are not expected to begin until at least 2027, ten years after the fire. Shockingly, the pace of removing cladding and other fire safety defects from flats across the country has been even slower – and at the current rate, it could take decades.

The previous Government rarely acknowledged the full scale of buildings affected, but estimates published in July show that 11,000 buildings are expected to require remediation works, including 2,414 managed by social housing providers. Despite this, the latest official statistics report that only 4,630 buildings are being actively monitored or “in programme.” Cladding has been removed from 1,350 buildings: just 12% of the estimated total. The government has committed £9.2bn of funding, but only £2.3bn (25%) has been spent so far.

Being “in negotiations” about remediation or having “plans in place” counts for little when dangerous cladding – or other construction defects that enable fire to spread rapidly – remain on people’s homes. Let’s not forget, these defects are defined as “life-critical.” Recent cladding fires, from Wembley to Valencia, have demonstrated why action remains so urgent.

When Grenfell survivors gave evidence to parliament a year after the fire, they warned MPs that :

“Grenfell 2 is in the post unless you act, and quickly… The Government need to take responsibility… There needs to be a plan, and it needs to be acted on right now.”

In Opposition, Labour agreed. Back in 2021, Sir Keir Starmer shared his plan to end the cladding scandal. He was adamant that Boris Johnson, then Prime Minister, “could end this scandal right now if he wanted to. The Government must end the delay and give innocent homeowners the safety and security that they deserve.” Now, with a new Labour Government in power, there is no time to lose in getting a grip of this crisis.

Since day one, the pledge to build 1.5 million new homes in this Parliament and to “get Britain building again” has been front and centre in Labour’s messaging. However, residents and leaseholders are still waiting anxiously to hear the same kind of commitment and clear deadline for making existing homes safe.

The Minister for Building Safety and Homelessness, Rushanara Ali, has written to property developers about her intention to convene a roundtable, to agree a plan for accelerating remediation. This is welcome, but what is needed is firm action to hold all parties to account, with clear deadlines and real consequences for delays. Otherwise, building profitable new homes will continue to take precedence over making existing homes safe, leaseholders and residents will remain trapped, and the market for flats will remain broken.

Labour must focus not just on the pace but also on the quality of remediation, ensuring that the scope of works is not being minimised by developer-commissioned assessments which leave combustible materials and other defects in place, because this leaves leaseholders and residents with higher risks, higher costs, and potentially unsellable homes forever.

The current developer remediation contract covers only 15% of the 11,000 buildings expected to require remedial work. Therefore, the same urgent focus must be applied to government-led remediation programmes, and a wider pool of developers, contractors and freeholders should be compelled to make all their buildings safe. That does not just mean external cladding; internal building safety defects must also be addressed, because buildings cannot be made half-safe.

The End Our Cladding Scandal campaign has published a manifesto, outlining five key focus areas for the new Government to finally end the crisis:

  • Establish clear and comprehensive risk assessment standards. Definitive, holistic, and risk-based guidance is essential for buildings of all heights and for both external and internal defects, so that safety assessments and the remediation required will be absolutely clear and consistent.
  • Make homes safe at the pace residents need and deserve. The pace of work must significantly accelerate from today. The government, construction industry and building owners must all be held to account to ensure a swift solution.
  • All leaseholders must be fully protected from the cost of remedying safety defects. The building safety crisis is the result of a decades-long collective failure by the construction industry and successive Governments that ignored warnings that the building regime was not fit for purpose. Every leaseholder is blameless and should have equal protection.
  • Protection from further financial penalties. The government must ensure leaseholders affected by this national scandal are not further penalised by an onerous mortgage lending process and exorbitant building insurance premiums.
  • Urgent action to give people their lives back – now. Those affected must be able to obtain accurate information about their homes, remediation work must be carried out with respect for residents, and mental health support must be available to those affected.

We cannot wait for Grenfell 2 before we act. The new government has an opportunity to step up and deliver a much fairer and faster end to the building safety crisis – and it is time to grasp the nettle.

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 SLL: Proposals for Housing Law Reform

The Society of Labour Lawyers (SLL) has produced a think-piece Proposals for housing law reform, containing ideas from the SLL’s housing law sub-group. Our focus is on detailed proposals for legal reform. We hope that it complements Labour Housing Group’s publication The Missing Solution: Council Housebuilding for 21st century.

SLL’ s Proposals can be read here:

https://societyoflabourlawyers.org.uk/2021/09/21/out-now-proposal-for-housing-law-reform/ .

In order to help councils purchase land and embark on significant council house building, we suggest that the Land Compensation Act (LCA) 1961 should be amended. Land could be bought at current value without additional ‘hope value’ (the ‘hope’ of estimated increased value if residential planning permission were to be granted to the landowner).

The current Empty Dwelling Management Order powers should be strengthened, so that empty properties in private ownership would be transferred to public ownership after they had stood empty for a certain number of years (one or two) (see Housing Act 2004).

Council tenancies should always be granted for life, so the power to grant flexible tenancies (fixed-term tenancies for a minimum period of two years) in the Localism Act 2011 should be repealed (not least because the Government has already announced its intention not to implement the subsequent legislation requiring flexible tenancies).

Right to Buy should be abolished in England, as it has been in Scotland and Wales, or at least very severely restricted. We call for substantial benefit reform by repealing the Bedroom Tax and benefit cap, linking Local Housing Allowance to the retail price index, Discretionary Housing Payments funded in full by government, and ending the two-child limit.

The SLL has been working with Labour’s front bench on building safety proposals. We propose that a Labour Government should follow Australia’s lead on fire safety. That would involve conducting a full audit of all residential multi-occupancy buildings regarding fire safety, assessing which buildings are the highest risk and need to be prioritised for remediation without delay, and funding remediation works in full, without reclaiming the costs from leaseholders.

Leaseholders would assign the right to sue those responsible for the defects to Government. The Limitation Act 1980 needs amendment to allow so that developers can be sued for building defects installed earlier than six years previously (the current position) or 15 years (as proposed in the Government’s Building Safety Bill).

We call for legislation so that those responsible for installing defective products can be traced, through a sometimes complex network of dissolved companies. Some costs could also be recouped by a levy on developers and product manufacturers.

We call for reforms in the area of home ownership, including a holistic review of housing costs so that home ownership becomes more affordable. The contributors support the Law Commission’s proposals to reform leasehold and make commonhold much more widely available.Specifically, planning legislation should provide that consent for new flat building would carry a legal presumption that units (including communal facilities and shops in the residential development) are held under a commonhold agreement, not leasehold.

We also call for wealth-based property taxation, through progressive council tax, and penalising owners of vacant properties (with the aim of those properties either being transferred to the public sector or available for private letting). We support London Mayor Sadiq Khan’s call for councils to buy back homes that were bought under right to buy.

In relation to the private rented sector, the SLL supports the commitment to abolishing ‘no fault’ evictions under Housing Act 1988 s21. Once section 21 possession claims are abolished, then private residential tenants will be assured tenants. In effect, therefore, there would be security of tenure in the private rented sector.

We propose that existing defences to section 21 possession claims should apply to all possession claims brought against private rented tenants, so that if the landlord has failed to comply with tenancy deposit regulations or gas safety or energy performance certificate requirements, or where possession proceedings are in response to a complaint about the condition of the property, possession cannot be ordered.

We also propose repealing the mandatory Ground 8 possession claim for assured tenants who have accrued eight weeks’ rent arrears. All grounds for possession concerning rent arrears should be discretionary, so that courts can consider the reasons for the arrears and the personal circumstances of the tenant. Along with security of tenure, Labour should introduce rent controls, with rents set by a locally based expert tribunal, taking into account the condition of the property as well as market scarcity. Labour should take steps to abolish all aspects of the ‘hostile environment’ discriminatory measures against migrants, including ending the right to rent.

The best way to reduce homelessness is to increase the supply of affordable houses, delivered through the social rented sector, and to invest in genuine homelessness prevention. With more affordable homes, the numbers of people sleeping rough or seeking homelessness help from local authorities should diminish. For those who do face the catastrophe of homelessness, the SLL proposals are that emergency accommodation should be provided to everyone who is homeless, and the tests of eligibility, priority need and ‘becoming homeless intentionally’ should be abolished.

While in emergency accommodation, everyone would receive an offer of suitable accommodation, and local authorities would be encouraged to use the Housing Firstmodel whereby the priority is to provide secure accommodation along with support to maintain the accommodation, budget etc. These proposals derive from Crisis’ Plan to End Homelessness. The punitive Vagrancy Act 1824 should be repealed and public spaces protection orders should not be used to prevent rough sleeping or begging.

None of these proposals for legal reform will work without effective, accessible legal remedies. SLL argues that dismantling the provisions of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is necessary, and that Labour’s future policy on legal services should be to restore and enhance a comprehensive system of legal aid advice and representation. The courts themselves have been beset by cuts, closures and fee increases, delaying justice and placing it further out of reach.

Labour will have to rebuild a well-functioning judicial system, and effective methods of alternative dispute resolution. Finally, there is a debate about a single-access housing court or tribunal. The authors of the SLL proposals prefer a re-invigorated county court system to a specialist housing tribunal. We emphasise that, whatever reforms are undertaken, civil justice must function as a level playing field and legal advice and representation must be adequately funded.

The proposals are put forward as personal contributions by their authors, for discussion and consideration by the Labour Party but also all those who are campaigning for better housing and a fairer justice system.

<strong><span class="has-inline-color has-accent-color">Liz Davies</span></strong>
Liz Davies

Liz Davies is a barrister specializing in housing and homelessness law. She is co-convenor of the Society of Labour Lawyers Housing Law Sub-Group.