Co authored by David Peachey (Enterprise Chambers).
I am the tenant of a flat in a block which is around 10 years
old. The landlord has informed the tenants that, because of safety
concerns following the Grenfell Tower fire, the cladding needs to
be replaced and the tenants must pay for this through their service
charge. Surely it isn't reasonable or moral for the tenants to
pay for these works?
Answer
Whether or not the cost of replacing the cladding is recoverable
through the service charge will depend on the construction of the
leases. The tribunal will not concern itself with questions of
morality.
Explanation
In E&J Ground Rents No 11 LLP v Various
leaseholders (First-tier Tribunal (FTT), unreported, 24
January 2018) a landlord provided a "waking watch"
service – trained officers patrolling a block of flats
– as a means of complying with guidance issued by the
Department for Communities and Local Government following the
Grenfell Tower fire.
