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.
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.
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.
9:39 am
Stephen McPartland (Stevenage) (Con) [V]
I thank the hon. Member for Vauxhall (Florence Eshalomi) for securing this very important debate. She spoke eloquently and movingly about some of the tragic stories that she has heard about in her constituency in London. Sadly, those stories are reflected in my constituency and in constituencies up and down the country.
The costs of intermediate waking watch measures and of insurance premiums going up by thousands of per cent are just heartbreaking. Even as we speak in these debates, people are going bankrupt, and the Government do not seem to be listening to the howls of pain from leaseholders up and down the country, as they beg for support and assistance.
We are almost four years on from Grenfell and we are not getting this matter right; we are not helping. Unfortunately, the Government are actually making the situation worse by not working with leaseholders and the relevant groups, such as the UK Cladding Action Group—End Our Cladding Scandal. A variety of brilliant recommendations have been made by the Housing, Communities and Local Government Committee, which is chaired by our wonderful colleague, the hon. Member for Sheffield South East (Mr Betts), who is taking part in this debate. It is imperative that we help these leaseholders.
When we look at insurance premiums as a measure, which a lot of people do not recognise, we see that they may have gone up by 2,000% or even 3,000%. The Government are taking 12% in insurance premium tax on those rises, so the insurance premium tax take on those insurance premiums is currently higher than the insurance premiums themselves were a year or two ago. That is astonishing.
On waking watch, the fire services have told us that they have almost no control over it. Waking watch is not new; it was introduced years ago and was used, for example, if a hotel fire alarm did not work. At the moment, however, waking watches are being used by management companies as the first resort instead of the last resort. As a result, our local fire services do not have any ability to go in and help the leaseholders, who are being told, “Well, you need to have a waking watch”. There are no other options for them. The fire services should be given some powers to be involved in a responsible waking watch, when it is needed, or to consider what other evacuation orders or measures could be put in place. And the costs are just staggering. I have constituents in Vista Tower in Stevenage who are paying £15,000 a week and they just cannot afford it; that sum is impossible for them to afford. They are paying almost as much as some of their mortgage payments and they are now going bankrupt.
I am always pleased to serve under your chairmanship, Mr Hollobone, and I look forward to doing so again today.
I congratulate my hon. Friend the Member for Vauxhall (Florence Eshalomi) on securing this important debate. My constituents in Edmonton who live in Prowse Court, Golden Lion Court and Brickland Court watched the Chancellor’s speech last week and were left feeling verydisappointed. There was not one mention of cladding or fire safety in the Budget.
Leaseholders such as my constituent Jason and his wife moved into their flat in 2007 with their daughter. In January this year, a fire safety assessment concluded that the cladding on Jason’s building needed to be removed. Jason and his fellow tenants have no idea about how long they are going to be waiting for the removal of the cladding or who will meet the costs of that work. All they are certain of is that the interim safety measures mustbe put in place, including increased fire risk assessments and additional heat detectors. The freeholder of Jason’s building has already begun passing down the costs of these measures, in the form of increased insurance and service charge costs. That has left Jason in debt, unable to move and stuck in an unsafe building that is costing him more and more money. Jason goes to sleep every night knowing that his family is not safe and that there is no end in sight to his worry. To put it simply, Jason’s family are trapped.
I have raised identical cases with the Secretary of State for Housing, Communities and Local Government to ask that the Government fully fund interim fire safety costs. In their reply, the Government seemed focused only on ensuring that remediation work is completed first. It is incredibly unjust to penalise those who did not cause this cladding scandal to have to wait for remediation work to be completed first, while allowing the property developer to walk away, bearing no interim costs and seemingly no long-term costs.
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.
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.
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?
I urge the Minister—please listen to the pain of leaseholders up and down the country. Stop talking and start doing. Start helping my constituents and those in a similar situation up and down the country.
I hope that the Minister will carefully consider what has been said in this debate and ensure that in the future the Government will not only meet their obligations and fully fund interim fire safety costs, so that not one leaseholder is left out of pocket, but will fully acknowledge that the cladding scandal needs to be treated as the national emergency that it truly is.
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.
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.