A landmark decision of the Upper Tribunal has widened the scope of cladding remediation: Bhavini Patel reports
- The Upper Tribunal has given the widest interpretation to the meaning of ‘cladding’ and ‘cladding remediation’, and provided guidance on what is meant by an unsafe cladding system under the Building Safety Act 2022.
- This provides much-needed guidance on how the leaseholder protections operate when a building has an unsafe cladding system which requires remediation.
In Almacantar Centre Point Nominee No1 Ltd and another company v De Valk and others [2025] UKUT 298 (LC), the Upper Tribunal (UT) has dismissed an appeal bought by the landlord applicant, Almacantar, ruling in favour of the leaseholders. It has given the widest interpretation to the meaning of ‘cladding’ and ‘cladding remediation’, and provided guidance on what is meant by an unsafe cladding system under the Building Safety Act 2022 (BSA 2022). This decision involves the iconic Centre Point House in Tottenham Court Road. The judgment cements the UT’s desire to uphold Michael Gove’s pledge that no leaseholder living in their home will pay
