Unsafe Cladding: What Should You Do When Your Freeholder Isn’t Taking Action?

By Richard Gedall MNAEA | AARLA, Director of MyEstate Luton Limited
5 November 2026

You have raised concerns about your building’s cladding. Emails have been sent, somebody has promised to investigate, but you still have no clear assessment, action plan or explanation of what happens next.

For leaseholders and residents, that uncertainty can be frightening. For RTM directors and freeholders, it creates difficult questions about safety, responsibility and funding.

The starting point is evidence: establish what has been assessed, what the findings mean and who must act.

Cladding does not automatically mean a building is unsafe

The presence of cladding alone does not establish that it needs replacing.

The external wall system must be considered as part of the building’s fire-risk assessment. Where further investigation is necessary, a suitably competent professional may need to carry out a Fire Risk Appraisal of External Walls, commonly called an FRAEW.

This examines the external wall construction and associated fire risks. It can recommend proportionate action where needed.

A photograph, a contractor’s informal opinion or a visual inspection from ground level should not be treated as a substitute for the appropriate professional assessment.

Who is responsible for arranging action?

The answer depends on the building’s ownership, leases and management arrangements.

Fire-safety law places duties on the legally defined Responsible Person. Depending on the circumstances, relevant duties may sit with a freeholder, an RTM company, another organisation or more than one party.

Appointing a managing agent does not automatically transfer all legal responsibility away from the existing dutyholders.

Directors should understand which tasks their agent has agreed to coordinate, which decisions require approval and where specialist advice is needed.

What should leaseholders ask for?

Put your concerns in writing and request a clear response covering:

• Who is responsible for progressing the issue.

• Whether the current fire-risk assessment addresses the external walls.

• Whether an FRAEW has been recommended, commissioned or completed.

• What significant risks or actions have been identified.

• Whether any interim safety measures are necessary.

• The next steps, expected timescales and funding investigations.

• When residents will receive another update.

Ask for the relevant findings and supporting information, recognising that access rights and disclosure requirements depend on the circumstances.

“We are looking into it” is not a useful long-term update. Residents need to understand what is happening and what is holding up progress.

What if the freeholder or manager does not respond?

Keep copies of correspondence, reports and promised completion dates. Use the organisation’s formal complaints procedure and identify any urgent concerns clearly.

Depending on the issue, the local fire and rescue service or council may be an appropriate route for reporting unresolved safety concerns.

For certain buildings and defects, eligible applicants can ask the First-tier Tribunal for a remediation order requiring the relevant landlord to remedy specified defects within a set period.

That route is not available in every situation. Building eligibility, ownership arrangements and the nature of the defects matter. Obtain specialist advice before starting proceedings.

Who pays for assessments and remedial works?

Do not assume that every cost belongs on the service charge—or that government funding will cover everything.

Responsibility depends on matters including the defect, the building, the lease, applicable leaseholder protections and potential recovery from developers or other responsible parties.

Existing Building Safety Act protections have specific eligibility conditions. They do not apply identically to every flat or every ownership arrangement.

RTM directors should distinguish between coordinating safety work and deciding who is legally responsible for its cost. Before demanding substantial contributions, obtain advice on the available protections and recovery routes.

What is changing?

On 14 October 2026, the government announced the introduction of the Remediation of Unsafe Cladding Bill.

Its proposals include stronger enforcement against those failing to act, clearer information about remediation plans and intervention where responsible parties repeatedly fail to progress work.

A Bill is proposed legislation. These announced measures should not all be presented as powers or duties already in force.

Existing safety responsibilities still require attention while Parliament considers further changes.

What good block management should deliver

A managing agent cannot replace a fire engineer, guarantee funding or decide complex legal liability without appropriate advice.

What an agent should provide, within the agreed appointment, is organised coordination: obtaining suitable professional quotations, tracking recommendations, recording approvals and keeping directors and residents informed.

A report arriving is one stage of the process. Its recommendations must then be reviewed, assigned and followed through.

Speak to MyEstate Luton

If your block is struggling with unanswered safety concerns, missing records or unclear management responsibilities, contact MyEstate Luton to discuss your arrangements.

We can review the available management information, identify outstanding questions and help coordinate appropriate specialist support within an agreed service.

Richard Gedall MNAEA | AARLA
Director | MyEstate Luton Limited

Telephone: 01582 380330
Email: luton@my-estate.co.uk
Website: www.my-estate.co.uk

This article concerns England and provides general information as at 5 November 2026. Building-specific legal and fire-safety advice may be required. If there is a fire or immediate danger, call 999.