THE ALEP SPRING LECTURE 2021
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JOIN THE CONVERSATION @ALEPOFFICIAL #ALEPLECTURE
Your personal invitation to
THE ALEP SPRING
LECTURE 2021
CLADDING AND ITS IMPACT ON ENFRANCHISEMENT
WEDNESDAY 3 & THURSDAY 4 MARCH 2021
Sponsored by Supported by
E: admin@alep.org.uk W: alep.org.ukWHAT TO EXPECT
THE ALEP SPRING
LECTURE 2021
As ever, ALEP seeks to provide its members with relevant, topical content and to tackle points
arising at the forefront of enfranchisement.
Our 2021 Spring Lecture will be presented online in two 90-minute sessions over the course of
two days and, as well as practical insights, will offer delegates the opportunity for discussion.
The ALEP Spring Lecture is an event for legal and valuation practitioners working in the
enfranchisement sector and is open to members and non-members.
The tragic events at the Grenfell Tower on 14 June 2017 put the question of building safety and
cladding at the top of the leasehold agenda.
Leaseholders affected by this issue are experiencing "unimaginable anxiety" over the
uncertainty as to who will pay for the necessary remedial works. Freeholders face uncertainty
over liabilities and service charge budgets.
The EWS1 form has dominated the conveyancing world and many flat owners are unable to sell or
remortgage until any uncertainty concerning the exact type of cladding at their block has been
resolved.
There are many blocks that wish to address the question of whether to buy their freehold in such
a situation; either by collective enfranchisement, or by responding to a Section 5 Notice. This
may either be as a response to the issues of repair and service charges that cladding raises, or
for other reasons such as lease terms and ground rent.
In the ALEP Spring Lecture, we will explore the key issues around cladding and building safety
and its relevance for enfranchisement professionals.
Whilst we cannot seek to answer all the questions that this highly emotive topic presents - and
indeed, the situation and discussion is ever-evolving - we will provide an overview and
discussion for practitioners facing these issues in their day-to-day practice.
The 2021 Spring Lecture will look at both the technical aspects underlying the cladding issue and
also consider - from a legal and valuation point of view - its impact when buying the freehold.
PRICING
ALEP EVENT PASS (INCLUDES BOTH DAYS)
Members: Non-members:
£120 +VAT £170 +VATSCHEDULE
DAY 1
Wednesday 3 March 2021: 3pm - 4.30pm
WHAT IS GOING ON WITH CLADDING?
Presented by Justin Bates, Dr Jonathan Evans & Dr Nigel Glen
This session will cover the background to the situation of cladding in the UK property industry starting with the
Grenfell tragedy and the steps taken to introduce funds to deal with ACM and non-ACM cladding including the
Building Safety Fund. We will also mention EWS1 Certificate and its impact and the issues around certification.
We will then present a technical overview of the issues surrounding the materials used and the problems that are
caused by this.
Followed by how the property industry has responded to the cladding issue and in particular what are property
managers doing about this - an ARMA perspective.
We will also update on the position with the Building Safety Bill and also the Fire Safety Bill 2020 and their impact or
likely impact on recoverable costs for remedial works. We will also consider the recent announcement of funding
towards the costs of waking watches and what all of this means in practice.
The seminar will conclude with a Q&A session.
DAY 2
Thursday 4 March 2021: 3pm - 4.30pm
HOW DOES CLADDING AFFECT ENFRANCHISEMENT?
What could a leaseholder facing cladding issues do?
Presented by James Sandham, Selborne Chambers
A leaseholder with cladding issues should consider preliminary steps - including considering breach of warranty /
vendor and purchaser claims.
There may be other redress, for instance under a new build warranty scheme.
These all need to be considered before a claim can be made under any of the current schemes. We will consider the
steps that can be taken.
How does this impact on valuation?
Presented by Fiona Haggett FRICS, Head of Valuation - Mortgages, Barclays UK
If flats have cladding that is an issue and this has not been remedied then, arguably, if they cannot be mortgaged,
then they have no value.
How will this work in the context of enfranchisement valuation? Can this work to the advantage of flat owners?
How does this impact on enfranchisement?
Many flat owners may be offered the option to buy the freehold under Section 5 of the Landlord and Tenant Act
1987 where a landlord seeks to dispose of the freehold.
What should they do in such circumstances if cladding is also an issue for them?
Should leaseholders initiate a claim to buy the freehold in a situation where there is a known cladding situation by
serving notice under Section 13 of the 1993 Act? Is the position any different?
We will consider the pros and cons in each case.
Roundtable Discussion
This session will focus on the issues arising from cladding and how they impact on valuation and in practice.
Finally, where does the MHCLG announcement of 7 January sit in all this?
There is a significant demand for change within the residential leasehold sector. Cladding has also been massive
news in recent times. To what extent are the two connected?
The seminar will conclude with a Q&A session.
90 minutes of CPD is available each dayYOUR HOST
SPEAKERS
Mark Chick
ALEP Director
DAY 1 Bishop & Sewell
SPEAKERS
Justin Bates Landmark Chambers
Justin’s practice covers all aspects of housing, property and local government law. He is the Deputy
General Editor of the Encyclopaedia of Housing Law and is the author or co-author of a number of other
books and annotated statutes.
In recent years, he has given evidence on housing law reform to the All Parliamentary Committees on both
Legal Aid and the Private Rented Sector; the Welsh Assembly on the Renting Homes (Wales) Act; and the
House of Lords on housing and the Equality Act 2010. He co-drafted the Homes (Fitness for Human
Habitation) Act 2018 for Karen Buck MP and continues to provide legislative and policy support to
the Shadow housing team. He has appeared on various BBC news and current affairs programmes
discussing housing law. In 2019/20, he worked on the Right to Manage reform proposals produced
by the Law Commission.
Justin is also one of a small number of barristers appointed to the Equality and Human Rights
Commission’s Panel Counsel in 2019. He is an active supporter of Advocate (the Bar
Pro Bono Unit) and, in 2020, was nominated for the “Pro Bono Junior of the Year” award.
Dr Jonathan Evans FIMechE, Chairman and CEO
Ash & Lacy Building Systems
Jonathan is a Fellow of the Institution of Mechanical Engineers and an inventor and entrepreneur
with a background in the electronics and automotive industries. His company Ash and Lacy is a
manufacturer and supplier of metal components and systems into the automotive, aerospace and
construction industries as well as being the largest independent provider of building envelope
solutions, specialising in non-combustible systems.
Jonathan is a passionate campaigner for improved building safety regulations, has given
written and oral evidence to the CLG Committee on Fire Safety, currently sits on the British
Standards committee for improvement of fire safety testing and spends his spare time advising
residents in difficult situations due to fire safety issues with their homes.
Dr Nigel Glen, CEO ARMA
Nigel has an extensive international career in downstream oil, financial software and investment
banking. He founded a property management company in 2009 and joined the board of ARMA
in 2015. In 2016 he was appointed as ARMA’s CEO.
Nigel represents ARMA in its interactions with Government Ministries, Parliament, relevant
bodies, TV and press. He is a frequent contributor of articles and presentations on all
aspects of leasehold.
JOIN THE CONVERSATION @ALEPOFFICIAL #ALEPLECTUREDAY 2 SPEAKERS
James Sandham Selborne Chambers
James is a leading junior at Selborne Chambers specialising in property, chancery and commercial
work who has acted in many of the leading cases. A particular interest in the knottier disputes over
and incidental to land, property, trusts and assets. Entirely outcome driven, doggedly determined to
ensure the interests of his clients are advanced, but understands the fundamental difference
between a victory at trial for the lawyers and an overall success for the client.
It has been stated by Legal 500 (2020) that James is “creative and provides a very good
strategic perspective in difficult cases” and that he “has the ability to think outside the box
and approaches problems with a fresh eye” (Legal 500, 2019).
Fiona Haggett FRICS, Head of Valuation | Mortgages Barclays UK
Fiona Haggett spend many years as an in house residential valuer for the Halifax Building Society
in the early part of her career. Before the last crash she moved into head office roles in Lloyds
Banking Group, taking on responsibilities for risk management, complaint investigation, health
and safety, audit, lending policy and technical advice. She also spent some time in the Bank’s
fraud team, investigating valuation concerns and advising on effective monitoring and fraud
controls around valuation.
In recent years she was the UK Valuation Director at RICS, overseeing industry initiatives and the
development of standards and guidance across all valuation disciplines. This role also
involved her in industry groups, many of which she still attends.
In her current role as Head of Valuation at Barclays UK she is responsible for setting
lending policy, advising the Bank, overseeing the technical activities of the Bank’s
valuation partners and dealing with all valuation related concerns. She is chair of
the Valuer/ Lender Liaison group, which is looking to drive change and standards
within the industry.
DAY 2 PANEL
Colin Anna Piers Chris Richard Clive Mark
Horton Favre Harrison Macartney Murphy Scrivener Wilson
Hortons Cripps Tanfield Bishop & Richard Scrivener mylesaehold
Valuers Pemberton Chambers Sewell John Clarke Tibbatts
Greenish
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