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.Other Cases Mentioned: Almacantar Centre Point Nominee No.1 Ltd & Anor v Penelope de Valk & Ors [2025]Training & Free Webinars for Property Professionals: Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.Get in touch!

Ask this episode

“What did the council decide on item 42?” — answered with the speaker and the moment.