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Tag Archives: housing

The Karen Buck Bill: Has the Government got developers off the hook?

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Has the UK Government done a devious deal to protect its favoured business interests among property developers and construction firms from a post-Grenfell crackdown on dangerous homes? Suspicious minds might think so.

After some years of prevarication and filibustering by the Tories, the Government has agreed to back a Private Member’s Bill from Labour MP Karen Buck requiring homes to be “fit for human habitation”. With one proviso: a single simple clause that would do most to help people living in potential Grenfell Towers – catastrophically dangerous homes – has been removed.

In its original form the Buck bill included a provision that would have had a huge and positive benefit: simply to bring into effect a piece of legislation that is already on the statute books and has been sitting there for more than 30 years.

If it were implemented by the Government,  Section 38 of the Building Act 1984 would make it much easier for tenants to sue for breaches in building regulations – the very issue that (it is alleged by some) may have led to the disaster at Grenfell Tower with 71 people killed by the fire.

The Government seems to have headed off Karen Buck’s calls for reform by backing her bill but with the clause that would have implemented Section 38 excluded. That 1984 legislation will remain uselessly in limbo.

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Grenfell Tower: was the cladding really banned material?

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So, was London’s Grenfell Tower, scene of a horrific fire that killed dozens of people, covered in “banned” flammable cladding?   The  answer – worryingly – is probably no. And if that is the case, it exposes the shocking flaws in Britain’s regulatory system for high-rise developments.

The Department of Communities in initially answering this question – before any tests were made on the actual material – said this: “Cladding using a composite aluminium panel with a polyethylene core would be non-compliant with current Building Regulations guidance. This material should not be used as cladding on buildings over 18m in height.”

But this is not the case. Such cladding – described officially as “material of low combustibility” (MOLC) is lawful and recommended above 18 metres, as is the more fire-resistant cladding described officially as “non-combustible”. Composite aluminium panels with a polyethylene core may well meet the standard as MOLC. So, as long as the suppliers didn’t do some sort of substitution with inferior stuff, such panels are lawful. Read the rest of this entry

AA v Southwark – a conspiracy to evict ‘whether lawfully or not’

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A British High Court judge has accused officers at Southwark Council, London, of conspiracy to cause harm to a council tenant by unlawfully destroying his possessions and an illegal eviction. The council has been forced to compensate the tenant, AA, left street-homeless without income or possessions by the eviction, for an unknown sum. AA’s original claim was for £2.4m.

The judge, Anthony Thornton QC, in AA v London Borough of Southwark, said council officers were determined to secure the eviction “whether it was lawful or not”. As a result officers and the council itself were liable for misfeasance in public office. “They had limited prospects of evicting him lawfully and they therefore appear to have embarked on an eviction with the intention of evicting AA even though this could not be done lawfully.”

The entire contents of AA’s flat in Peckham, including his passport, laptops, papers, personal belongings and furniture were removed and illegally destroyed in a refuse disposal facility. The court heard that AA had made repeated attempts in the High Court and County Court to regain possession of his flat and to regain his belongings and also tried to discuss his predicament with council officials. As a result of his eviction he was street homeless for more than a year except for the use of a sofa or floor space in  friends homes for part of the time. His only income was financial assistance from those friends.

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