Background
Between 2014-2016 there were major works on the Tanners Hill Estate – this was called ‘Decent Homes’. These works created a lot of problems on the estate and in residents flats, as you will see from the meeting minutes of that time, and the AGM of 2016.
The works were scheduled for completion in 2014, this did not actually happen until late summer 2016. There was a strenuous and sustained effort by residents and the Tanners Hill Tenants and Residents Association (TRA), to hold the Contractor (MITIE) to account regarding the standard of the work, and likewise hold the Consultant (Bailey Garner) to account by challenging the lack of robust monitoring and inspecting of work before it was signed off as ‘satisfactory’.
As a result of our efforts and following a Vote of No Confidence in Lewisham Homes Management of the project, we secured a commitment from the then Director of Housing that if leaseholders were still unhappy when the final Bills were sent out, Lewisham Homes would undertake to fund a First Tier Tribunal – in other words we could object to the charges and present our evidence and whatever the outcome, residents would not be liable for the costs of the Case. This commitment was extended to residents of the Crossfields Estate, as they had also endured Decent Homes major works which had commenced a few months after ours, and they were raising the same concerns and objections.
The final Bills for the works were sent out to leaseholders in August 2019, after a long delay caused by the fact that Lewisham Homes were involved in a legal dispute with the contractor MITIE, regarding the works. Although these Final Bills were in most cases substantially reduced from the original estimates, leaseholders were still objecting to the cost of many of the items on various grounds eg that they were not done to a satisfactory standard, were failing shortly after being signed off, should never have been done at all and had been objected to from the start, or were never actually completed.
Of course the Pandemic caused more delay as it wasn’t possible for the Tribunal to schedule a Hearing. It is usual for a Hearing to be scheduled for a day, occasionally 2 or 3 days but this Tribunal was scheduled for a total of 12.5 days: a Pre Hearing Review (Nov 21), inspection of both estates (Dec 21), 1 reading day, 8 days Hearing (April 22), 1 day re-inspection of repairs to widowpan ie balcony and stairs covering (April 22).
The Tribunal was attended in person or by Zoom, by representatives of Deloraine House, Heston House, Florence Terrace and Tanners Hill Maisonettes, and representatives from various blocks for the Crossfields Estate. Prior to the Hearing, having compiled our own evidence, we had to read approx 3000 documents including Applicants’ Witness Statements and evidence.
There were 3 Judges including a professional Surveyor and in the first week, the Applicants’ QC (for Lewisham) cross examined each of their Witnesses. Following this we Respondents were allotted an equal amount of time to cross examine those Witnesses, a steep learning curve that required detailed preparation each evening to focus on the next Witnesses evidence and how we would challenge that using our own evidence. Most of us had never done anything like this before.
In the second week, we were each cross examined by the Applicants QC, and in some cases the Judges themselves, following which we each gave our final submission.
The Judgement was delivered on 30 June 2022, it dealt with each block or street individually as this is how the Bills for the works are compiled, ie charges differed depending on the work that was done on each block – although our objections regarding the standard of the works and lack of monitoring and inspection were very similar or the same right across the estate.
The Judgement reduced many of the costs, for example widowpan (the grey covering on walkways and stairs) was reduced from between 20% to 60% depending on the block or street. Some costs were entirely removed eg the jetwashing of Deloraine House.
Outcome
New final Bills were sent out to leaseholders by Lewisham Homes in July 2022, with a deadline of 25 August 22 for scrutiny and objections.
All leaseholders benefit from the Judgement (and the incredible effort made by residents and the Residents Association to get a fair judgement) regardless of whether they objected, raised concerns, attended our TRA meetings, or took part in the Tribunal.
A summary of the reductions will be posted shortly – watch this space!
Annual General Meeting
