In this Newsflash episode, Lizzie Collin sits down with Richard Snape, Head of Legal Training at Davitt Jones Bould to discuss the Upper Tribunal decision in Almacantar Centre Point Nominee No.1 Ltd & Anor v Penelope de Valk & Ors. They explore leaseholder protections under Part 5 of the Building Safety Act, including what constitutes a “relevant defect,” how cladding remediation is treated, and the implications for qualifying and non-qualifying leaseholders.

Richard and Lizzie discuss:

• How the Tribunal considered what constitutes a “relevant defect” under Part 5 of the Building Safety Act.

• The significance of qualifying versus non-qualifying leaseholders in determining liability for service charges.

• How the ruling clarifies the treatment of cladding remediation and structural safety risks.

• Key takeaways for landlords, leaseholders, and practitioners managing building safety compliance and historic defects.

The case highlights ongoing uncertainty in building safety law and demonstrates the importance of careful drafting, strategic advice, and understanding leaseholder protections when negotiating property rights. This episode explores the court’s approach to historic defects and cladding issues, offering insight relevant to those involved in service charge management.