---
title: "Block Evacuated Over a Structural Defect: Leaseholders' Rights After Canning Town"
url: https://manage.management/blog/block-evacuated-over-a-structural-defect-leaseholders-rights-after-canning-town
description: "After the Canning Town evacuations: who pays when a block is unsafe, Building Safety Act protections for structural defects, warranties and next steps."
author: "Franklin Baeza"
published: 2026-11-04T06:33:41.000Z
updated: 2026-11-04T07:37:20Z
categories: ["Maintenance & Safety","Governance & Compliance"]
publisher: Manage.Management
language: en-GB
---

# Block Evacuated Over a Structural Defect: Leaseholders' Rights After Canning Town

After the Canning Town evacuations: who pays when a block is unsafe, Building Safety Act protections for structural defects, warranties and next steps.

If your block is evacuated because of a structural defect, the immediate costs usually fall on you first, but the law gives several routes to recover them. For defects in buildings over 11 metres or 5 storeys built or refurbished in the 30 years before 28 June 2022, the Building Safety Act 2022 protects qualifying leaseholders from most remediation costs, and remediation and remediation contribution orders can make landlords and developers pay. A new-build warranty, the buildings insurance policy and claims under the Defective Premises Act 1972 may also help. Councils can force owners to make dangerous buildings safe, but they do not have to rehouse every displaced resident.

The question is no longer hypothetical. At Royal Gateway, also called Caxton Works, in Canning Town, east London, residents of five tower blocks have been told to leave after engineers found a cracked and sagging transfer slab beneath the buildings. This post explains what happened, why it matters for every resident-led building, and what leaseholders and directors can do if it happens to them.

> This article is general information about leasehold buildings in England, not legal advice. Facts about Royal Gateway are taken from published reports and may change. Anyone affected should take specialist legal advice on their own lease and circumstances.

## Key takeaways

- About 211 households left three Royal Gateway towers in the early hours of 23 October 2026, and two more blocks were evacuated on 30 October. The BBC reports at least 250 households and several businesses are now affected.
- The defect was found while building safety cases were being prepared under the Building Safety Act. The managing agent acts for two Right to Manage (RTM) companies.
- A "building safety risk" under the Building Safety Act includes the collapse of a building or any part of it, not just fire. Structural defects can therefore fall within the leaseholder protections.
- Qualifying leaseholders in relevant buildings cannot be charged for most costs of remedying relevant defects, and the tribunal can make remediation orders and remediation contribution orders.
- New-build warranties typically cover structural defects for 10 years, and Defective Premises Act claims for pre-2022 work can be brought within 30 years.
- Councils have powers to deal with dangerous buildings, but Newham Council says it does not have an automatic duty to house all displaced residents.

## What happened at Royal Gateway in Canning Town?

Royal Gateway is a development of five residential towers in Canning Town, completed in 2017 for Cathedral (Moss), a joint venture between Cathedral Group and Galliard Homes, according to [Construction Magazine](https://www.constructionmagazine.uk/2026/10/royal-gateway-canning-town-transfer-slab-evacuation.html). Structural engineers raised concerns while building safety cases were being prepared, and a site inspection on 21 October 2026 confirmed them.

Managing agent Prime Property Management, which manages the development on behalf of two right-to-manage companies, [told residents](https://www.bbc.co.uk/news/articles/c8g47ee2neg3o) there was "an imminent risk to life" linked to the transfer slab. Around 211 households in Centurion Tower, Sovereign Tower and St Vincent Court were moved out overnight on 22 to 23 October. Residents of Thanet Tower and Prince Court followed on 30 October after a second engineering report.

On 29 October, Newham Council served dangerous structure notices on the first three blocks requiring temporary works, structural monitoring, a full structural appraisal and remedial works, [Construction Enquirer reports](https://www.constructionenquirer.com/2026/11/03/emergency-works-ordered-as-galliard-tower-crisis-widens/). The [BBC reports](https://www.bbc.com/news/articles/crlykl8887qwo) that the council owns the land, that Galliard says it is working with independent structural engineers, and that the housing minister told the Commons officials were engaging with the developer and warranty providers. Many residents have paid for hotels and short lets themselves.

## What is a transfer slab and why is it a concern?

A transfer slab is a thick concrete floor that carries the load of columns above it across to columns below that are not directly underneath. It is common where flats sit above car parks, shops or open ground floors.

The Building Safety Regulator's [advice on transfer slabs](https://www.gov.uk/government/publications/potential-risks-from-transfer-slabs-in-buildings/potential-risks-from-transfer-slabs-in-buildings) explains that newer design guidance from the Institution of Structural Engineers raises questions about older design methods, particularly "punching shear", where a column can punch through the slab. The regulator stresses that "the presence of a transfer slab alone should not require a building to be decanted", that it is not aware of any UK collapse caused by this, and that owners should seek professional advice where there are visible signs of distress such as cracking.

## Who pays when a block is evacuated over a structural defect?

There is no single answer, because several different costs are involved and each has its own route. In broad terms:

| Cost | Who may ultimately pay | Main legal route |
| --- | --- | --- |
| Investigations, temporary works and permanent repairs | Developer, landlord, warranty provider or, in limited cases, leaseholders | Building Safety Act Schedule 8 protections, remediation orders, warranty, contract |
| Interim safety measures such as monitoring or propping | As above, often through the service charge first | Schedule 8 "relevant steps" protections |
| Temporary accommodation for residents | Insurer, if the policy covers it; otherwise often the resident at first | Buildings or contents insurance, claims against those responsible |
| Lost rent for landlord leaseholders | Insurer, if covered; otherwise a claim against those responsible | Policy terms, Defective Premises Act 1972 |
| Council emergency costs | Recoverable from the building owner | Building Act 1984, section 78 |

The rest of this post explains each route.

## Are structural defects covered by the Building Safety Act protections?

They can be. The leaseholder protections in the Building Safety Act are often described as cladding protections, but they are wider. Under [section 120](https://www.legislation.gov.uk/ukpga/2022/30/section/120), a "building safety risk" means a risk to people from "the spread of fire, or the collapse of the building or any part of it". A "relevant defect" is a defect arising from works completed in the 30 years before 28 June 2022 that causes such a risk.

The protections apply to "relevant buildings" under [section 117](https://www.legislation.gov.uk/ukpga/2022/30/section/117): self-contained buildings in England with at least two dwellings that are at least 11 metres high or have at least 5 storeys. Buildings where leaseholders have collectively enfranchised, or that are leaseholder owned or on commonhold land, are excluded.

Where a building qualifies, [Schedule 8](https://www.legislation.gov.uk/ukpga/2022/30/schedule/8) limits what qualifying leaseholders can be charged for "relevant measures", which include both remedying the defect and steps taken to prevent the risk or reduce its severity. Costs are fully blocked where the landlord was, or is linked to, the developer. For other landlords, qualifying leaseholders' contributions to non-cladding defects are capped and spread over time, and leaseholders whose flats were below set value thresholds pay nothing. Our guide to the [Remediation of Unsafe Cladding Bill](https://manage.management/blog/remediation-of-unsafe-cladding-bill-what-it-means-for-leaseholders-and-resident-directors) covers the latest proposals to widen those protections.

## Can leaseholders force the landlord or developer to fix it?

Yes, through the First-tier Tribunal. Under section 123 of the Building Safety Act, an interested person, including a leaseholder, can apply for a remediation order requiring the landlord to remedy relevant defects by a set date. Under section 124, the tribunal can make a remediation contribution order requiring a landlord, developer or company associated with them to pay towards the costs, where it is just and equitable to do so.

Leaseholders may also have a direct claim. [Section 135](https://www.legislation.gov.uk/ukpga/2022/30/section/135) extended the limitation period for claims under section 1 of the Defective Premises Act 1972, which requires dwellings to be built so they are fit for habitation. Claims that arose before 28 June 2022 can now be brought within 30 years, and later claims within 15 years.

For a building completed in 2017, a new-build structural warranty, typically lasting 10 years, may also still be running. It is worth every leaseholder checking their purchase documents now.

## What about insurance and temporary accommodation?

Check both the buildings policy and your own contents policy. Many buildings policies include cover for alternative accommodation or loss of rent when a flat becomes uninhabitable because of an insured event, but defects in design or construction are often excluded or limited. Leaseholders have a right to request a summary of the buildings insurance cover, as explained in our guide to [what leaseholders are entitled to see about buildings insurance](https://manage.management/blog/buildings-insurance-for-blocks-of-flats-what-leaseholders-are-entitled-to-see).

If you have nowhere safe to stay, approach the council's housing options service. People who cannot reasonably occupy their home may be treated as homeless under Part 7 of the Housing Act 1996, but immediate housing is generally only owed to those in priority need, which is why Newham has said it does not have an automatic duty to house everyone.

## What should leaseholders do if their block is evacuated?

1. **Follow safety instructions.** Do not re-enter without permission, even to collect belongings.
2. **Keep every receipt.** Record hotel, travel, storage and childcare costs, lost earnings and any rent you still pay, so you can claim later.
3. **Notify your insurers.** Tell your contents and landlord insurers, and ask the managing agent or RTM company to notify the buildings insurer and warranty provider.
4. **Request the documents.** Ask for the engineers' reports, the insurance summary and the warranty details. Accountable persons in higher-risk buildings must share relevant building information with residents.
5. **Organise as a group.** A residents' association or the RTM company can coordinate legal advice, communications and claims far more efficiently than individuals.
6. **Get specialist advice early.** A leasehold or construction lawyer can advise on remediation orders, warranty claims and Defective Premises Act claims.
7. **Keep paying what is lawfully due.** Withholding service charges can create separate problems. Challenge disputed costs through the proper route instead.

## What does this mean for RMC and RTM directors?

Royal Gateway is a reminder that the building safety regime is working as intended, even when the outcome is painful. The defect came to light because duty holders were preparing safety cases. Directors of resident-led higher-risk buildings are often accountable persons, as our guide to [accountable person duties for RMC and RTM directors](https://manage.management/blog/building-safety-act-accountable-persons-what-rmc-and-rtm-directors-are-responsible-for) explains.

Practical steps for boards now:

- Ask your structural engineer whether the building has transfer slabs and whether the regulator's advice applies.
- Locate the original warranty, construction contracts and as-built drawings while they are still easy to find.
- Agree an emergency communication plan, including how residents will be contacted at night.
- Check what the buildings policy says about alternative accommodation and loss of rent before you need it.
- Make sure your board knows how to coordinate claims and advisers, as covered in our guide to [what happens after you win the right to manage](https://manage.management/blog/right-to-manage-what-happens-after-you-win).

## How Manage.Management helps

In a crisis, the buildings that cope best are the ones whose information is already organised. Manage.Management gives resident directors a single place for engineers' reports, warranty documents, insurance schedules and safety case evidence, and a way to message every resident at once with timestamped updates. Leaseholders can see the same documents and log their own costs and issues, which makes coordinated claims faster and fairer.

## Frequently asked questions

### Do I still have to pay my mortgage and service charge if my block is evacuated?

Usually, yes. Your mortgage remains payable, and service charges under your lease generally continue, although costs relating to relevant defects may be restricted by the Building Safety Act. Speak to your lender early, and challenge any charges you dispute through the proper route.

### Does the Building Safety Act cover structural problems or only cladding?

It covers both. A building safety risk includes the risk of collapse of the building or any part of it, so structural defects from works in the 30 years before 28 June 2022 can be relevant defects.

### Can the council make the owner fix a dangerous building?

Yes. Under the Building Act 1984, councils can seek court orders requiring dangerous buildings to be made safe and can take emergency action themselves, recovering reasonable costs from the owner. Separate legislation applies in parts of inner London.

### Will my new-build warranty pay for temporary accommodation?

It depends on the policy. Structural warranties mainly cover the cost of putting defects right, but some include limited alternative accommodation cover during repairs. Read your policy and contact the provider directly.

### Should my building be evacuated if it has a transfer slab?

Not simply because it has one. The Building Safety Regulator says the presence of a transfer slab alone should not require a building to be decanted, and that owners should seek professional advice where there are signs of distress such as cracking.

## Clarity matters most in a crisis

The residents of Royal Gateway did not choose any of this. What would help them most now, and what would help anyone facing the same thing, is clear answers: who is responsible, who is paying, and when they can go home. Buildings that already keep their safety information organised and shared are far better placed to give those answers quickly.

Last reviewed: 4 November 2026 by Franklin Baeza, Manage.Management. This article is general information for England and Wales, not legal advice. Check the current position with a qualified adviser before acting.

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Source: [Block Evacuated Over a Structural Defect: Leaseholders' Rights After Canning Town](https://manage.management/blog/block-evacuated-over-a-structural-defect-leaseholders-rights-after-canning-town) on the Manage.Management blog.