Tribunal upholds London council’s cladding improvement notice

The council’s private sector housing service had been engaging with Hazlewood since June 2020, but despite reassurances from managing agents, no action had been taken to remedy fire safety issues.

The decision, handed down by the First-tier Tribunal, upholds the council’s notice and highlights concerns about the delays by the property owner in addressing fire safety risks.

The tribunal criticised the appellant’s failure to take action on critical fire safety issues.

It was determined that Hazlewood’s real objection was not the complexity of the work, but the financial implications.

The tribunal concluded that the council’s requirement to commence works within 90 days and complete them within 360 days was both reasonable and necessary to protect the safety of residents.

In his summing up on Hazlewood’s suggestion this timeframe was not feasible, the judge said: “We can only observe that this attitude also wholly fails to recognise the appellant’s [Hazlewood’s] basic repairing obligations under the lease.

“The claim that the appellant [Hazlewood] does not know what it needs to do is undermined by the mass of clear evidence in the bundle dating back as far as 2021, and is entirely implausible.”

The judge also dismissed one expert witness called by Hazlewood in the tribunal, as she was “not using only her own expertise in her report, and that her answers were not neutral, so that we could not rely on her expert opinion”.

Camden welcomed this outcome, saying it reinforced the importance of swift action in making buildings safe, particularly in cases where property owners and other parties have delayed vital remedial works.

Sagal Abdi-Wali, cabinet member for better homes, said: “We are pleased with the tribunal’s decision, which confirms that the safety of our residents must come first.

“Everyone deserves to live in a safe home, but all too often we see delays from building owners unwilling to act promptly, despite the risks to occupants.

“This ruling sends a clear message that we’re taking action against sub-standard housing and private owners to ensure properties are made safe.”

Landmark Chambers, which represented Hazlewood, declined to comment on the outcome of the tribunal.

The inspection in this case was carried out jointly with the London Fire Brigade, and was supported by the Local Government Association (LGA) joint inspection team.

Adam Hug, housing spokesperson for the LGA, said: “Councils are playing a vital role in making sure residents are safe – and feel safe – in their homes.

“The LGA established the joint inspection team with government support to ensure that councils have the expert support they need to tackle building owners who fail to meet their obligations to keep residents safe and to drive forward best practice in regulation. Camden’s success in this case shows the value of that support, which has now been provided in over 124 cases.”

Earlier this week, the spending watchdog called on the government to set milestones for cladding remediation, as it revealed all works will not be complete until at least 2035 and will cost £16.6bn.