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G15 landlord apologises for ‘incorrectly identifying’ building as too short to qualify for leaseholder protections
The Guinness Partnership has apologised to a flat owner after its own advisors incorrectly identified her building as falling outside the leaseholder protections in the Building Safety Act 2022.
The G15 member told Inside Housing that the fact that it had identified the building as falling outside the definition of a “relevant building” under the act was “inexplicable and inexcusable”. Guinness also “apologises profusely for the error”.
The Building Safety Act provides landmark protection to prevent many leaseholders from footing the bill for fire safety works in their buildings.
For a building to be defined as relevant, it must meet all of the following criteria: it is at least 11 metres in height or has at least five storeys (whichever is reached first); it contains at least two dwellings; and it is not a leaseholder-owned building.
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The building in question contains a four and five-storey element. The flat was in the five-storey section, but was incorrectly listed as being in the four-storey section, and therefore outside the scope of protections.
For the resident in this case, the issue of whether her building fell within this definition came to light earlier this year, when she attempted to obtain a landlord certificate and deed of variation to the lease.
She said the landlord initially refused to provide the landlord deed of certificate within the deadline for the flat on Bingfield Street in north London.
A spokesperson for The Guinness Partnership said: “The property is included within a building which is part four storey and part five storey. The property was incorrectly identified as being within the four storey element of the building by our professional advisors.
“This is inexplicable and inexcusable and we apologise profusely for the error. At the time of purchase, Guinness, along with many other landlords, was prioritising assessment of high-rise buildings and was not in a position to issue EWS1 [external wall system] forms for any buildings under six storeys.
“Clearly, legislation has since changed through the Building Safety Act 2022, and we are now providing the landlord certificate. The deed of variation to the lease is also now being processed by our solicitors.”
In their response, the resident said: “The idea that Guinness, against photographic, aerial, 25 surveyors, land registry and common sense evidence has failed for four years to note the height of [its] own building confounds reason and raises the question of why ever they are entrusted as council and government partners.
“As a result of their misrepresentation, I have a dead property in which I sank hundreds of thousands of pounds in deposit, fees and interest that I have not been able to rent nor sell for four years because it’s valued at zero.
“I have spent tens of thousands of pounds in broker, solicitor, bank and surveyor fees each time the valuation came back at zero, pending an EWS1.
“Each time Guinness proceeded to deny reality, and devised a fantasy world in which a different building exists.”
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