The Building Safety Act 2022 (Act) has significant implications for both landlords and leaseholders, particularly in terms of financial responsibilities and building safety compliance.
Implications for Landlords
- Financial Responsibility: Developers and in some cases, landlords are now required to bear the costs of remediation for historical safety defects in buildings over 11 meters or five storeys. This includes costs related to cladding and other safety issues.
- Administrative Burden: Landlords must provide detailed Landlord’s Certificates to leaseholders, providing details of any remediation costs and whether the leaseholder will be required to pay for these. These certificates must be issued in specific circumstances, such as when demanding payment for service charges which relate to relevant costs or upon notification of a sale of a flat or on discovering a building safety defect.
- Legal Obligations: The Act imposes stricter legal obligations on landlords to ensure building safety in higher-risk buildings. Failure to comply can result in significant penalties and legal action.
Implications for Leaseholders
- Financial Protections: Some leaseholders are protected from bearing the full cost of remediation for historical safety defects, and in certain circumstances, are required to produce a Leaseholder’s Deed of Certificate to confirm their status as a qualifying tenant. The Act ensures that developers and landlords are primarily responsible for these costs..
Further Protections for Leaseholders in High Rise Buildings
- Safety Assurance: Once fully implemented and complied with, leaseholders can expect higher safety standards in their buildings, as the Act mandates comprehensive safety measures and regular inspections.
- Engagement and Transparency: Leaseholders have the right to be informed and involved in safety decisions regarding high-risk buildings. Landlords must keep leaseholders updated on safety measures and remediation efforts.
- Legal Recourse: Leaseholders have enhanced legal protections and can seek recourse if landlords fail to meet their obligations under the Act.
These changes aim to create a safer living environment for those living in high rise blocks of flats and to ensure that the financial burden of remediation does not unfairly fall on leaseholders. We have solicitors and specialist advisers who can guide you through every aspect of the Act’s provisions and what they might mean for you. If you need advice or just have questions please contact: Lucy Slatter, Lucy Riley or Kristina Biddlecombe.