Barking and Dagenham Council has successfully defended enforcement action taken against the freeholders of a residential building after serious fire safety hazards were identified and Improvement Notices were served requiring extensive remedial works.
A First-tier Tribunal, on Monday 2 November, has upheld the council's decision, confirming it acted lawfully in taking action to protect residents following an appeal brought by freeholders Aviva Investors Ground Rent GP Ltd and Aviva Investors Ground Rent Hold Co Ltd.
The case relates to Keele House in Dagenham, where a council inspection identified a Category 1 hazard under the Housing Health and Safety Rating System. Following a detailed investigation, the council served Improvement Notices requiring significant works to address construction and fire safety defects within the building.
The required works included the remediation of combustible external wall materials and cladding systems, the installation of compliant cavity barriers and fire stopping, replacement of combustible balcony decking, and improvements to fire doors, emergency lighting and fire safety signage.
The building's freeholders appealed the notices, arguing they should not have been responsible for the works because management functions had transferred to a Right to Manage company.
However, the Tribunal rejected the appeal and confirmed the council was entitled to serve the notices on the freeholders. It found the council's decision was "a rational decision within the scope of the statutory framework.”
Councillor Syed Ghani, Cabinet Member for Enforcement and Community Safety, said: "When serious construction and fire safety hazards were identified, we took enforcement action to ensure those responsible addressed them and residents were protected."
"The hazards identified at Keele House have since been remediated, making the building safer for occupants. This outcome demonstrates our commitment to using the powers available to us to safeguard residents and ensure building owners take action where necessary."
The Tribunal's decision provides further clarity on the use of housing enforcement powers where serious building safety defects are present and reinforces local authorities' ability to take action to protect residents.