24 September 2025
Leaseholders are not liable to pay for the cost of remediating dangerous cladding, the Upper Tribunal has held
Almacantar Centre Point Nominee No1 Ltd & Ors v De Valk & Ors [2025] UKUT 298 (LC) concerned the iconic Centre Point House in London’s Tottenham Court Road. The landlord contended remediating the type of dangerous cladding involved was recoverable as a service charge. The leaseholders argued the reverse.
Bhavini Patel, senior associate at Howard Kennedy, acting for ten leaseholders, said: ‘The case is important as it looks at key concepts of what was meant by “cladding”, “cladding remediation” and “unsafe”. It cannot be clearer… that the courts and tribunals will do their utmost to uphold Parliament’s intentions and to protect leaseholders from costs of remediation and work which they had no part of.’
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