Tribunal Directs Landlord to Rectify Fire Safety Issues in High-Rise Property in Paddington

A residential property tribunal has mandated the remediation of an unoccupied building in Paddington following legal action by Westminster City Council.

The necessary fire safety improvements at 5 Praed Street must be completed by October 2026, as per the court's ruling. According to The Standard, the council contacted owners of buildings exceeding 18 metres in height after the 2017 Grenfell Tower tragedy to assess the presence of ACM cladding. 5 Praed Street was among the properties identified with this hazardous material.

Although classified as a commercial property, the building included residential accommodations for international students. As a result, occupants were relocated to facilitate the remediation process. The council initially issued a hazard awareness notice in October 2019, followed by a prohibition notice.

As reported by London News Online, due to its commercial classification, 5 Praed Street did not qualify for government funding allocated for remedial work on residential high-rises.

Amid growing concerns over delays, the council pursued legal action against the building’s owners, Behbehani Middle East Trading Company, a firm registered in Kuwait. In October 2024, an application was submitted to the First-tier Tribunal Property Chamber for a remediation order under Section 123 of the Building Safety Act 2022.

On 12 December 2024, the tribunal ruled that the freeholder must “remedy the relevant defects at the building,” which include:

• Combustible cladding and/or insulation (including External Category 3 ACM)
• Absent or faulty cavity barriers (especially around door and window openings)
• Fire stopping deficiencies (notably around ventilation ductwork penetrations and within internal apartment walls and floors)
• Fire door inadequacies (related to fire resistance, seals, and strips)
• Fire detection system shortcomings (such as automatic opening vents)
• Non-fire-resistant glazing in external escape routes
• Lack of a dry riser
• Absence of wayfinding signage
• No secure premises information box

A judge stipulated that all required work must be finalised “no later than 31 October 2026.” Additionally, the ruling specifies that an intrusive survey must be conducted within apartments and communal areas, particularly focusing on ductwork, fire stopping, and compartmentation. A comprehensive fire door assessment, including fire resistance and stopping capabilities, must also be performed.

The decision, published on 20 January 2025 by HM Courts and Tribunals Service and the First-tier Tribunal (Property Chamber), states: “The Respondent must obtain a completion certificate issued under Regulation 44 of the Builder (Higher-risk Buildings Procedures) (England) Regulations 2023 (or other relevant Building Control approval applicable at the time of completion).”

Furthermore, the ruling requires that remedial work complies with prevailing Building Regulations to eliminate the identified defects. The post-works Fire Risk Appraisal of External Walls (FRAEW), in accordance with PAS9980:2022, must allow for a satisfactory Form EWS1: External Wall Fire Review (EWS1) to be issued.

Contact Aleron

At Aleron Fire Protection, we specialise in comprehensive fire safety solutions, including cladding remediation, fire stopping, and compliance assessments. Our experienced team works closely with building owners, developers, and local authorities to ensure properties meet the highest fire safety standards.

If you require expert guidance on fire protection and remediation, contact us today to discuss how we can assist you in safeguarding your property and occupants: https://fire-proof.co.uk/contact