In first prosecution over cladding removal delays, London council prosecutes landlord

A significant legal precedent was set when Chaplair Limited, the owner of a tower block in east London, was found guilty of delays in replacing dangerous cladding similar to the one used in Grenfell Tower.

The Westminster Magistrates’ Court ruled against Chaplair for failing to meet the March 2021 deadline to remove hazardous cladding from its Lumiere Building in Forest Gate.

The court learned that the block, housing 71 flats, had four types of flammable cladding in 2019, including the same material found on Grenfell Tower. Despite an improvement notice issued by Newham Council in September 2020, work had not commenced by the deadline, leading the council to initiate legal action. This case marked the first instance of a council successfully prosecuting a building owner for failing to remove dangerous cladding, utilising powers granted under the Housing Act 2004.

Deputy Chief Magistrate Tan Ikram found Chaplair guilty of non-compliance with the improvement notice. The sentencing is scheduled for 31 October. Ian Dick, a project manager at Newham Council, revealed that the council had contemplated taking over the block for resident safety when the recladding work was not undertaken. Chaplair’s lack of communication regarding the work’s progress left the council uninformed.

Chaplair argued that delays were unavoidable due to complications with its original contractor, Willmott Dixon, and a £1 million funding shortfall caused by government delays. Additionally, obtaining approval from Network Rail for the works was cited as a reason for missing the deadline. Despite these challenges, work commenced in May 2021, and the dangerous cladding was finally removed by February 2022. However, the judge ruled that there was no reasonable excuse for the delay, emphasising that the building owners had alternative choices but failed to make reasonable decisions.

Mayor Rokhsana Fiaz emphasised the council’s determination to ensure essential fire safety work is not delayed, stating that failing to remove dangerous cladding promptly jeopardises lives. The court’s decision signifies a landmark ruling in their commitment to raising standards and holding building owners accountable. Fiaz stressed that this ruling serves as a warning to all building owners in Newham, urging them to prioritise resident safety or face decisive action by the council.

Recent London Assembly data revealed that over a quarter of the city’s high-rise residential buildings with hazardous cladding still await remediation work, highlighting the urgency of addressing this widespread issue.