Disputes about Leases
Protecting Property Owners from Dangerous or Defective Buildings
Building safety and defect issues have become a defining challenge for the leasehold sector in recent years. From unsafe cladding and structural weaknesses to fire safety defects and water ingress, these problems can carry serious financial, safety, and emotional consequences for everyone involved.
Since 2022, heightened regulation and public awareness have transformed how safety defects are addressed across England and Wales.
Since the introduction of the Building Safety Act 2022, new rights, duties, and remedies have reshaped how landlords, leaseholders, and developers must deal with defective buildings.
At The Jonathan Lea Network, we provide clear, strategic legal advice to both leaseholders and landlords. We help clients understand their rights, identify liability, and take action, whether pursuing remediation costs, enforcing obligations, or defending against claims.
What is a Building Defect ?
A “building defect” is any fault in construction, design, or materials that compromises safety, habitability, or structural integrity. These issues range from cladding and fire-stopping defects to structural movement, leaks, or poor workmanship.
Common examples include:
- unsafe or non-compliant cladding systems
- missing or inadequate fire barriers and cavity closers
- defective insulation or waterproofing
- structural instability or subsidence
- faulty windows, balconies, or roofs
- drainage and damp issues due to design flaws
Recent legislative changes acknowledge this and extend limitation periods for certain claims, particularly those involving unsafe occupation.
The Building Safety Act 2022: Key Protections and Duties
The Building Safety Act 2022 (BSA) introduced sweeping reform to improve building standards, accountability, and remedies. It applies primarily to England and Wales, focusing on “higher-risk buildings” (those over 18 metres or seven storeys), but it also impacts many other multi-occupancy residential buildings.
For Leaseholders
The BSA provides several important protections:
- Remediation Orders Leaseholders or the regulator can apply to the First-tier Tribunal to compel landlords or developers to fix relevant defects.
- Remediation Contribution Orders The Tribunal can order landlords, developers, or associated companies to contribute to the cost of fixing safety defects.
- Limits on Leaseholder Liability Qualifying leaseholders (those whose property is their main home and below certain value thresholds) are protected from paying certain remediation costs, especially where defects stem from developer fault or non-compliance.
- Extended Limitation Periods Claims under the Defective Premises Act 1972 can now be brought up to thirty years after completion for historic work and fifteen years for new works.
For Landlords and Building Owners
The Act imposes strict safety management duties on those responsible for higher-risk buildings, including:
- Maintaining a “golden thread” of information, a continuous digital record of the building’s design, construction, and safety management.
- Registering the building with the Building Safety Regulator.
- Complying with the new safety case regime, demonstrating ongoing risk management.
- Consulting residents and responding transparently to safety concerns.
Failure to comply can result in civil penalties or criminal sanctions.
Our team advises both leaseholders and landlords on their respective duties and rights under the Act, helping to ensure compliance while protecting against disproportionate liability.
Claims for Defective Buildings
Building defect claims may be brought concurrently under several legal frameworks, depending on the nature and cause of the defect.
1. Defective Premises Act 1972 (DPA) This Act requires developers, builders, and professionals to ensure that dwellings are built properly and fit for habitation. Following the Building Safety Act, claims can be brought within thirty years of completion (for older works) or fifteen years for newer ones.
Leaseholders and landlords may bring claims for defects such as:
- Fire safety failures (e.g., missing fire-stopping around service penetrations)
- Structural instability
- Faulty materials or workmanship
2. Building Act 1984 (Section 38) This section creates potential liability for breaches of Building Regulations, though it has not yet been brought into force by commencement order. Readers should monitor developments as future legislative changes could activate this route.
3. Contractual and Lease-Based Claims Where a lease or sale agreement contains express warranties or covenants, parties can bring claims for breach of contract. Collateral warranties from contractors, designers, or professionals may also be enforceable.
4. Professional Negligence Claims Architects, engineers, surveyors, and approved inspectors can be held liable for negligent design, inspection, or certification that led to defects or safety risks.
Who Is Liable for Defects?
Determining liability is complex and depends on the cause, timing, contractual obligations, and parties involved. Key potential defendants include:
- Developers and builders for defective design, construction, or materials.
- Landlords and freeholders where they fail to act on known risks or improperly pass costs to leaseholders.
- Managing agents or building managers for failing to maintain safety standards or act upon professional advice.
- Professional consultants such as architects or engineers whose work fell below expected standards.
We help clients trace responsibility through contracts, company structures, and historical records — particularly where corporate restructures or dissolutions have occurred.
Recovering Costs and Enforcing Remediation
Many leaseholders and landlords face uncertainty over who should pay for remediation. Our solicitors can advise and act on:
- Applications for Remediation Orders or Remediation Contribution Orders under the Building Safety Act.
- Claims against developers or contractors under the Defective Premises Act or negligence principles.
- Negotiations with managing agents, insurers, and government schemes such as the Building Safety Fund, the Private Sector Cladding Remediation Fund, or developer pledge schemes.
- Disputes over service charge recovery where landlords seek to pass on costs to leaseholders.
We ensure your position is protected and that cost recovery routes are pursued efficiently, proportionately, and with close attention to statutory protections.
Practical Steps if You Suspect Defects
If you believe your building has safety or structural defects:
- Report and record concerns immediately to the landlord or managing agent.
- Obtain professional reports from a surveyor or fire engineer.
- Check whether your building is registered with the Building Safety Regulator.
- Review your lease to understand maintenance and repair responsibilities.
- Gather any historical maintenance or compliance records to strengthen your evidence base.
- Seek early legal advice before contributing to any remediation costs.
Taking prompt, documented steps can strengthen your position in any subsequent claim or cost recovery process.
For Landlords and Building Owners
We advise landlords and freeholders who must comply with the Building Safety Act’s new safety and financial obligations. Our services include:
- Assessing liability exposure under existing leases, including the impact of statutory protections that may limit recovery from leaseholders
- Preparing and submitting safety case materials
- Managing communications with residents and the Building Safety Regulator
- Advising on eligibility for remediation funding and statutory protections
- Pursuing developers or contractors for contribution or indemnity
We also help landlords structure communications carefully to maintain trust while meeting their regulatory duties.
For Leaseholders and Resident Groups
Leaseholders often face pressure to fund remediation while coping with uncertainty about safety defects. We assist by:
- Reviewing leases to determine liability and potential statutory protections
- Challenging improper service charge demands for remediation
- Applying for Remediation Orders or Remediation Contribution Orders
- Liaising with managing agents, developers, and the regulator
- Coordinating group actions for affected residents or RTM companies
- Seeking interim measures or injunctions to mitigate safety risks while liability is determined
Our goal is to ensure that those responsible, not innocent leaseholders, bear the financial burden of making homes safe.
Why Choose The Jonathan Lea Network?
- Balanced Perspective Acting for both landlords and leaseholders gives us insight into each side’s strategy and strengthens negotiation outcomes.
- Deep Expertise in Building Safety Law We stay at the forefront of developments under the Building Safety Act and related legislation.
- Proven Dispute Resolution Skills We combine technical legal analysis with strong negotiation and Tribunal advocacy.
- Transparent Costs Clear, staged pricing based on estimates
- Accessible and Responsive Based in Haywards Heath, with rapid turnaround on urgent safety matters and national coverage across England and Wales.
How We Can Help
Our solicitors can assist you with:
- Reviewing leases and identifying building safety obligations
- Advising on Building Safety Act 2022 duties and liability
- Bringing or defending remediation claims
- Preparing Tribunal applications for remediation or contribution orders
- Pursuing or resisting recovery of remediation costs
- Coordinating expert evidence and settlement negotiations
Early legal advice clarifies responsibilities, strengthens strategic position, and protects you from avoidable financial exposure.
Contact Jonathan Lea Network today for a free initial consultation.
If your building suffers from safety defects, cladding issues, or unclear liability under the Building Safety Act, our expert property team can help. Please call us on 01444 708 640 or email us at wewillhelp@jonathanlea.net
Frequently Asked Questions
A relevant defect is one that causes a risk to the safety of people in or about the building, including defects from later refurbishment that compromise fire performance. It generally covers risks from fire spread or structural collapse due to design, construction, or materials failures In many cases, no. Qualifying leaseholders (those meeting value and residency criteria) are protected under the Building Safety Act from paying for certain defects where responsibility lies with the developer, landlord, or associated companies. We can confirm whether your lease qualifies. The Act allows applications for Remediation Contribution Orders against associated entities or parent companies. In some cases, government funding schemes such as the Building Safety Fund or industry developer pledges may also apply. Thanks to the Building Safety Act, claims under the Defective Premises Act can be brought up to thirty years after completion (for older works) or fifteen years for new ones. Only in limited circumstances. The Tribunal will assess whether costs are lawfully recoverable and whether statutory protections apply. We can assess your lease and statutory protections before any payment demand is made.
Learn More: How Lease Extensions Work and Why They Matter
For a clearer understanding of leaseholder rights and the practical steps involved, watch our video featuring Kent Reynolds, Senior Solicitor at Jonathan Lea Network.
Kent explains the lease extension process, common pitfalls, and how expert advice can protect your property’s long-term value. These same principles underpin our wider leasehold services, including enfranchisement, RTM, and deeds of variation.
Photo by Rich @ rhubbardstockfootage on Unsplash
Our Enfranchisement & Lease Extensions Team
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