24 October 2025
In this week's NLJ, Bhavini Patel of Howard Kennedy LLP reports on Almacantar v De Valk [2025], a landmark Upper Tribunal ruling extending protection for leaseholders under the Building Safety Act 2022
The tribunal decided that ‘cladding remediation’ covers any unsafe outer-wall cladding, regardless of when installed or whether it stems from a ‘relevant defect’, meaning works over 30 years old may still qualify. The case—concerning London’s Centre Point House—ensures leaseholders cannot be billed for removing unsafe materials, affirming Michael Gove’s pledge that residents should not bear remediation costs.
The tribunal rejected the landlord’s narrow interpretation and confirmed that ‘unsafe’ need not mean only fire risk. Patel calls the ruling a major clarification of Parliament’s intent to protect homeowners and a reminder that statutory wording must be read literally, not limited by implication.
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