Can’t remortgage and can’t sell – Any update on the cladding issue?

You would think that somebody with £480k in their back pocket is shrewd enough to do checks on investments they make with that sort of money. I mean, it must be pretty widespread knowledge now that buying flat without an ews is risky at best. Would such a buyer not be looking for a big discount due to the risk.

But then you have admitted on a public forum that you are renting a flat with at least some expectation, if not actual knowledge, that the building has none compliant cladding. If, god forbid, there was a fire in that building, have you considered that you may be culpable.

I presume your building has cladding if an EWS1 form is needed? If no cladding, then owners of flats in buildings without cladding will no longer need an EWS1 form to sell or re-mortgage their property – thanks to an agreement reached today (21 November 2020) between the government and the Royal Institution of Chartered Surveyors, UK Finance and the Building Societies Association.
However, if you do have cladding (do you have a balcony with cladding?), what is the height of your building? If below 11metres, lenders still may take a commercial decision to not lend without an EWS1 form - some examples of lenders who might lend without an EWS1 form; Leeds states "Blocks with 3 or less storeys do not generally need an EWS1 form" & HSBC state; " For buildings of four storeys or fewer, an EWS1 form will be required where there are ACM, MCM or HPL panels on the building" & Newcastle state "Newcastle Building Society have adopted the RICS Guidance Note in relation to an EWS1 form for multi-storey, multi-occupancy buildings of any height" & "Vida Homeloans will not lend on properties with combustible cladding or materials on balconies. For properties of 6 storeys or more, a Fire Risk Assessment must have been undertaken within the previous 12 months to confirm that if cladding is present, it is not combustible".

I think it was in May that the RICS said they were in discussion with major lenders to fascilitate lending without an EWS, my broker was told in a Barclay's circular that they had agreed to lend in principle where a building was to be funded by either a) industry orphana levy, b) fully by government or c) by the developer, that was in late August and they were supposedly agreeing compliance processess, no further news as of yet but we live in hope.

Our AST extract
"Use of the Property, Fixtures and Fittings in a Tenant-like manner

2.11 To notify the Landlord or his Agent as immediately as is practicable of any defect, damage or disrepair which develops or occurs at the Property which might be, or might reasonably be expected to become a hazard or danger to life or limb or to the fabric of the Property itself. The Tenant must not carry out or authorise repairs himself except to take reasonable steps in an emergency to restrict or diminish such immediate dangers or damage.

2.12 To test, at regular intervals, the smoke alarms fitted in the Property. If the alarm is not working to promptly inform the Landlord or his Agent.

2.13 To keep the interior of the Property and all Fixtures and Fittings in the same state of repair, order, preservation, condition and cleanliness as at the commencement of the tenancy (fair wear and tear and damage by accidental fire and the Insured Risks excepted) and to take reasonable and proper care in the use of the Property, its Fixtures and Fittings and not to deliberately damage or alter the Property, its décor, Fixtures and Fittings either internally or externally. Where the Tenant, his invited guests or visitors, are responsible by any action for cracked or broken windows or door glass on the Property, to promptly repair or replace such glass to the required specification and be liable for the costs involved.

2.14 To take care to have replaced as appropriate, light bulbs, fuses etc. as and when necessary during the tenancy and to ensure that all light bulbs and fuses are in place and in working order at the end of the tenancy.

2.15 Not to tamper, interfere with, alter or add to the water or electrical installations or meters, either in or serving the Property.

SMART METERS – Not to permit or request the installation of any such equipment in or in respect of the property.

2.16 If the Tenant brings into the Property any electrical appliance(s), he must ensure they are safe to use. Any electrical appliance which is, or becomes known to be, unsafe or dangerous to either the Occupants or the Property, must not be used and must be removed from the Property immediately by a suitably qualified electrician.

2.17 Not to remove from the Property any of the Landlord’s Fixtures or Fittings without obtaining the prior consent of the Landlord or his Agent. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the Tenant obtains confirmation in writing of any such consent granted). Where such consent is granted, to ensure that any such items are stored safely without damage or deterioration and at the end of the tenancy to return them, within reason, to the same places from which they were removed. Should any part of the Contents be lost, destroyed or so damaged as to be incapable of being restored to its formed condition (except such items as may be destroyed or damaged by accidental fire unless the insurance maintained by the Landlord has been wholly or partly invalidated by any act or default by the Tenant) to compensate the Landlord in damages for replacing the item(s) or replace them with similar articles of at least equal value.

2.18 Not to alter the appearance, decoration or structure of the Property or its Fixtures or Fittings either internally or externally without first obtaining the prior consent of the Landlord or his Agent. Such consent will not be unreasonably withheld. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the Tenant obtains confirmation in writing of any such consent granted).

2.19 Not to fix or hang any posters, pictures, photographs or ornaments to the walls, ceilings or woodwork with nails, glue, sticky tape, blu-tac or similar adhesive fixings other than solely with a reasonable number of commercially made picture hooks appropriate for the purpose and to make good at the end of the tenancy, or be liable for the fair costs of making good any unreasonable damage, marks or holes caused by such fixings or their removal.
"

In practice we find that people do what they do which is to rarely if ever to read their agreement, the wording is useful though when there is a dispute.

Hi Elizabeth, We are in exactly the same circumstances and fully understand your position and dilemma. Again we have a mortgage due to expire with Rosinca. Email me direct if you want to discuss and we can support each other, no one else seems to care one jot from Government down. wendymcguinnes@aol.com

Reply to the comment left by Wendy at 30/10/2022 - 08:23
Hi Wendy - sory I did not see your reply back in October. With me it's all come to a head this week when out of the blue Rosinca have asked to may back my mortgage in full in two weeks time! Unsure what I am suppose to do as I can't get a mortgage now as the figures don't stack up for a buy-2-let since the rate increases. I will email you and hope we can join forces