Leasehold Advisory Service chief on commonhold and ban on further leasehold build

 The replacement of leasehold by commonhold came up yesterday when Martin Boyd, chairman of the Government's Leasehold Advisory Service appeared before the Leasehold and Freehold Reform Bill Committee LINK.

Asked about the risks in the switch Boyd said:

Yes, there are risks. Currently, we do not have a viable commonhold system. Even if the Government were to come forward with the full Law Commission proposals, those had not reached the point where they created all the systems necessary to allow the conversion of leasehold flats to commonhold flats. I see no technical reason at the moment why we should not move quite quickly to commonhold on new build for extant stock. I think it will take longer—and, at the end of the day, conversion will be a consequence of consumer demand. People would want to do it. On my side, I would not want us to convert to commonhold, because I could not yet be sure that it would help to add to the value of the properties. It would make our management of the site a lot easier, but I could not guarantee to anyone living there that it would add to the value of their property—and that is what people want to know, before they convert.

Later in the session he added:

I am proud to say that it was LKP that restarted the whole commonhold project in 2014. At the time, we were told, “The market doesn’t want commonhold.” The market very clearly told us that it did want commonhold; it was just that the legislation had problems in 2002. One of our trustees, who is now unfortunately no longer with us, was part of a very big commonhold project in Milton Keynes that had to be converted back to leasehold when they found problems with the law.

I think the Government have been making it very clear for several years that they accept that leasehold’s time is really over. I do not see any reason why we cannot move to a mandatory commonhold system quite quickly. What the developers had always said to us—I think they are possibly right—is that they worry that the Government might get the legislation wrong again, and they would therefore want a bedding-in period where they could test the market to ensure that commonhold was working, and they would agree to a sunset clause. They had fundamentally opposed that in 2002, and we managed to get them in 2014 to agree that, if commonhold could be shown to work, they would agree to a sunset clause that would say, “You cannot build leasehold properties after x date in the future.” I think that that is a viable system.

 Earlier in the Committee hearing Barry Gardiner, MP for Brent North, had asked about a potential right of leaseholders' right to withhold service charges:

You nicely lead me to my other question, which concerns something else that was in the 2002 Act but was never brought into effect: the provision that, if the landlord had not complied with the rules around service charges and the charges were unfair, leaseholders should be able to withhold their service charge. I have no idea why that was never brought into effect, but would it be a good idea? The Bill sets out extensive obligations that have to be followed in relation to service charges. If those are not followed, should leaseholders have the right to withhold the service charge?

Martin Boyd replied:

 I can tell you why it did not move forward. One of the reasons it did not move forward is that, when there was a consultation, the organisation that I now chair argued very strongly against the implementation of that section. That was one of the things that annoyed me when I found out about it over a decade ago. It is not something that we would argue for now.

Asked by Gardiner if this would be a good clause to insert into the Bill, Boyd replied,  'It was a very good provision, yes.'

 

Judge rules that Michaela School can be named at High Court hearing on alleged prayer ban

 Schools Week LINK reports today the Michaela Free School's request that the school not be named was reject edby Judge Linden in today's High Court hearing regarding a Judicial Review requested on behalf of a pupil.

The Judicial Review is over the alleged banning of Muslim pupils from taking part in prayer rituals at the school that resulted in a public petition with more than 4,000 signatories in March 2023. LINK

Judge Linden said:

I do not accept the that the evidence in this case shows a risk to the lives or safety of members of the school staff or its wider community which would justify holding this hearing in private.

The petition is no longer on the Change.org website but said in part regarding the alleged ban:

A school that prides itself on being “multi cultural” and “multi faith” is treating their Muslim students in this way?? What’s worse is that this school is majority Muslim students and there is no prayer room designated for them. Students have requested for a prayer room which has  been refused by the school and so they have to pray on the floor outside.

 Judge Linden accepted the application for the claimant, a pupil, to be referred to as “TTT”  and another person involved in the litigation, to be referred to as “UUU”.

 

As the hearing is in progress I will not publish any comments until the case is over.

'No working fire alarms' at 21 storey Wembley Park tower block that caught fire at the weekend

 There was a fire in a 21 storey block in Wembley Park at the weekend, not far from Wembbley Stadium. It is very concerning that the block had no working fire alarms.

 

 London Fire Bridge Press Release

 Five fire engines and around 35 firefighters were called to a fire at a block of flats on Fulton Road in Wembley.

A small part of a first floor flat in a 21 storey building was destroyed by fire.

 

Fire investigators found the property didn't have working smoke alarms and the fire was most likely caused by the unsafe disposal of smoking materials. 

 

A London Fire Brigade spokesperson said:

 

This incident shows just how vital it is to have working smoke alarms.  It's also a timely reminder for smokers to ensure your cigarette is completely out when you’ve finished smoking it. If you don’t, you risk causing a fire which could not only destroy your home, but also cost you your life.

 

 

Smoking safety top tips

• It's safer to smoke outside, but make sure cigarettes are put right out and disposed of properly.
• Never smoke in bed, and avoid smoking on arm chairs and sofas – especially if you think you might fall asleep.
• Take extra care when you’re tired, taking prescription drugs or if you’ve been drinking alcohol.
• Use proper ashtrays, which can’t tip over and stub cigarettes out properly.

 

The Brigade was called at 1805 and the fire was under control by 2034. Fire crews from Wembley, Park Royal and Stanmore fire stations were in attendance.

 

A spokesperson for Quintain Ltd  said:

I can confirm this was not a Quintain building, nor is it managed by Quintain Living.

This fire came after one in South Kilburn on Friday  which again had no working fire alarms:

Four fire engines and around 25 firefighters were called to a fire at a maisonette on Stafford Road in Kilburn.

The whole of the fourth floor of a split level maisonette was destroyed by fire. 

Fire investigators found the property didn't have working smoke alarms and the fire was most likely caused by the unsafe disposal of smoking materials. 

A London Fire Brigade spokesperson said

This incident shows just how vital it is to have working smoke alarms.  

It's also a timely reminder for smokers to ensure your cigarette is completely out when you’ve finished smoking it.

If you don’t, you risk causing a fire which could not only destroy your home, but also cost you your life.

Smoking safety top tips

• It's safer to smoke outside, but make sure cigarettes are put right out and disposed of properly.
• Never smoke in bed, and avoid smoking on arm chairs and sofas – especially if you think you might fall asleep.
• Take extra care when you’re tired, taking prescription drugs or if you’ve been drinking alcohol.
• Use proper ashtrays, which can’t tip over and stub cigarettes out properly.

The Brigade was called at 2118 and the incident was over by 2246. Fire crews from Paddington, North Kensington, West Hampstead and Kentish Town fire stations were in attendance.

Should Brent Council designate itself as a 'bad landlord' ? Neglect and health hazards at Landau House, Kilburn

Landau House and Joules House are twin Brent council blocks close to the Jubilee line at Kilburn Station. I understand they were initially built as short-term (6 months) accommodation  for police cadets training at Hendon Police College but after the builders failed the block were purchased by Brent Council.  That initial intended use would explain why the flats are so very small,

 

I had heard concerning reports about the state of the blocks and was invited to see for myself.

 

Michael* has lived in a one-bedroom ground floor flat in Landau House for more than 22 years. He told me in that time he had never seen a housing officer although in regular contact over problems in his flat and on the estate.

 

The flat is approached along a corridor of industrial style pipework which hardly gives a welcoming or homely feel.

 

 

 

I had disturbed Michael when he was in the middle of sweeping up dust from the floor of his tiny flat. It was dust distributed, he said, by a noisy but inefficient air ventilator. Dust had to be swept up several times a day and aggravated his emphysema. So much so that he preferred not to be in his flat during the day.

 

 

 

The dust on floor

 

The pictures below show dust around the cover of the air vent and inside the air vent.

 

 

 

 

Michael was also concerned that asbestos had not been properly removed from his flat and removed a panel to show me:

 

 

 

There had been problems with sub-contractors not carrying our work properly on rewiring (not completed, gluing, rather that screwing fittings into the wall) and installation of new kitchens (poor quality and poorly fitted units). 

 

 

Michael said, ‘The council seem to think they are doing a good job but the whole place has been neglected for years.’ 

 

 

Adding to the nuisance from dust was noise from the flat above where the flooring had been replaced by laminate with no sound proofing. This was despite rules saying that this should not be done. The result was unbearable noise from people moving around above, noise from the ventilation system and a tremendous racket when a vacuum cleaner was used on the laminate flooring.

 

 

Regarding the block as a whole there were problems with anti-social behaviour, mainly at night. Keys had been copied so outsiders could get access to socialise, deal or sleep.  The council had taken action by issuing a ‘Closure Notice’ last summer which has now expired. The problem continues although I understand there are plans for increased security systems.

 

 

 

 

Another notice advertises a pest control company. The block is infested with bed bugs. Initially residents had to pay for treatment themselves, but I was told that the infestation is so bad that the Council is now footing the bill.  There is also a problem with cockroaches, and I heard about one flat that had been empty for a period and had to be entered through a window. There were so many cockroaches crawling over everything that the man who had crawled through the window shot back out double-quick. 

 

 

ASB in the past includes someone setting fires outside people’s front doors and the burn marks remain in places.

 

 

Along the corridor from Michael’s flat I met a family, a couple and their three children, who live in a flat the same size as Micchael’s – a kitchen/lounge and one bedroom. The flat also suffers from dust.

 

 

 

 

The family had painted over the walls in the kitchen and bedroom with thick paint to cover over damp and mould, but it was still evident in corners. 

 

 

 

They said the damp would come back through after a few weeks.

 

One of the children suffers from breathing problems and must use a respirator The father thought the conditions in the flat, despite all he had done to tackle the damp and mould, were making the condition worse.

 

 

Throughout the interview the smiling and welcoming mother, clearly trying to remain positive, had frequent bouts of coughing.

 

 

Adding to these problems was the unreliability of the common heating and hot water system with residents often left without heating, or without hot water, and sometimes without both.

 

 

I was told that workmen carry out work on what appeared to be a void flat found 10 sleeping places - presumably mattresses on the floor.

 

 

Outside the air of neglect continued. Michael said it was not just the council’s fault but that of the people who did the dumping.

 

 

 

 

 

I asked Michael what he wanted from the Council:

 

I would like the problems fixed and then just a bit of peace and quiet.

 

 

*Not the tenant’s real name name - changed for security and privacy

Brent Council leader Muhammed Butt responds to 3422 signature blue bag petition

 Local resident Sheila Darr is not giving up her struggle to get Brent Council to ditch its blue bag recycling scheme. Sheila addressed Brent Council in November on the problems with the scheme LINK and was back at Brent Cabinet this morning to present a petition from more than 3,000 residents.

Sheila, like many residents, supports reycling but thinks the scheme is just not fite for purpose.

Cllr Krupa Sheth was away so it was left to Brent Council leader Muhammed Butt to respond.

Petition presentation speech

You are all aware of the 3422 signatures petitioning the council to Cancel the blue bin bags and return to the single blue bin for recycling. Mainly Due to the poor quality of the blue bag and their inefficiency to improve OR ENCOURAGE recycling.  The exact wording of the Petition is before you.

 

The Blue Bin Bag Scheme is not working – “REPLACE IT”.

  

The petition was started by a resident due to the anxiety of her elderly parents. They become concerned about putting the wrong things in the wrong bin/bag and the consequences of not having their bin/bag collected.

 

I WILL COVER Council ASSISTED bin services later.

 

This Blue Bag scheme is not a new initiative, it is AN UNWORKABLE extension of the existing blue bin scheme, WHICH WAS WORKING, to make it look clever.

 

On to GDPR. The bags are easy pickings for thieves looking to steal personal Data.   Identity FRAUD IS RIFE AND ONE OF THE MOST INCREASING CRIMES RECORDED ON THE POLICE REGISTER. I suspect someone will say, use a shredder then put into the bag.  Most people don’t have access to a shredder, JUNK MAIL IS ALMOST, ALWAYS, DISCARDED WITHOUT OPENING. 

 

Will COUNCIL assisted services offer to tear up junk mail for the elderly and less abled? Shredded paper will make A bigger mess when it flys out of the bag, as can be seen with the contents and the blue bags littering the streets of BRENT. 

 

In any event, Is the Council aware that shredded paper cannot be recycled, but is STILL being put into the bags and collected by the bin men?

 

Residents will have more paper/cardboard than can be recycled under the blue bag scheme.   This will encourage Fly tipping as people will be unable to store this AND IT will affect the entire borough. 

 

It is absolutely clear that the bag scheme is strongly opposed to by the residents. The Council must agree that this Bag scheme is not working and an alternative must be found.   I see from the Brent website that  “There is a review expected later in the year”.  The Council needs to bring this back to the table immediately for discussion and FACTOR In feedback from residents.

 

Are the Council aware of the schemes that are being ran in other boroughs?  What research has been done in using the templates of boroughs that are successful, …..by successful I mean having a lot of support from the residents AS THAT IS THE ONLY WAY TO save money and improve recycling targets.

 

Have the Council considered split bins using the existing Blue Bins, ADDING removable dividers?  WHY CAN we NOT use the existing blue bins for cardboard and paper and use a smaller bin for tins/glass/plastic etc?

 

I want to share with you what the residents in your borough are saying.  The following are random comments, taken from the Next Door platform.

 

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I insist on recycling, but this bag is ridiculous.  Once it’s full, WHICH IT BECOMES UNDER A week what do I do with the rest of my cardboard? I’ve had to put it in the grey bin. Which I didn’t want to do.

 

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I have been putting my cardboard in the bag and it still hasn’t been collected.  A neighbour told me IF it HAS any stains or is wet, IT IS CONTAMINATED AND needs to go into the grey bin. So I did that, AND MY grey bin has not been collected.

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Someone stole my bag and dumped the contents in the corner of the street.  I am NOW TERRIFIED that IF there IS ANYTHING with MY NAME AND ADDRESS on it and the littering team find it, I WILL BE FINED, THIS HAPPENED TO  my neighbour and she was fined £400,

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Anyone know a Mr K S in Clarendon Gdns, HA9? If so, I've got half his recycling out of the dreadful blue bag on my driveway following the bin collection this morning. Mr S, do you want it back?

 

 

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Due to my disabilities, I can’t carry my bag once its full, and it always is, or have the strength to break down all the cardboard boxes so they fit into the bag. I have to wait for my husband to come home or ask my neighbour in his 80's  to help. The bin men left cardboard in the bottom of the bag, IT rained in so it's now all soggy, wet AND EVEN HEAVIER.

 

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We have assisted collection because of our age, THE BIN MEN HATE HAVING TO EMPTY THE BAG AND IT SHOWS.  THEY constantly leave my bin and bag IN DISARAY.  All they have to do is walk five more steps. I have complained many times. What can I do!

 

 

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The BIN MEN have to lift these bags to empty them. How long will it be before claims start flooding in for damaged backs?. I saw bin men dragging the bags to the bin lorry and then lifting them up before emptying them with difficulty, and the COUNCIL expect householders to take them IN AND OUT OF their homes…..

 

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I REPEAT the present blue bag scheme is not working.

“REPLACE IT”.

 

Muhammed Butt's reponse

 

London Fire Brigade urges Londoners to sign petition for regulation of e-bikes, batteries and chargers

 From London Fire Brigade

 

The London Fire Brigade is backing a petition from the friends and family of 21-year-old Londoner Sofia Duarte who died just over one year ago. Sofia lost her life in a fatal fire on Old Kent Road in Southwark, caused by the catastrophic failure of a lithium battery used to charge an e-bike on New Year’s Day 2023. The petition calls for urgent action from the Government to implement regulations on e-bikes, e-scooters, and the batteries and chargers sold with them.  

The petition, created in tribute to Sofia by family friend Alda Simoes and Sofia’s mother, Maria Frasquilho Macarro, calls on all Londoners to sign it.  Alda and Maria say they aim to channel their grief into preventing more people losing their lives. Since creating the petition last month, over 32,000 signatures have been collected in support of tighter rules. Electrical Safety First also welcomes the petition. The charity is also pushing for regulatory change with a Ten Minute Rule Bill expected to be tabled by Yvonne Fovargue MP in the first part of this year. 

 

 Sophia Duarte

 

Alda is demanding action urgently, she said: “We don’t want Sofia to die in vain, sadly deaths are continuing to happen. Sign this petition and tell everyone you know to sign it. Sofia was the first death in London due to an e-bike fire. Tragically others have lost their lives up and down the UK, and there are many who have suffered serious injuries too. We must stop this happening today, not tomorrow. Sign the petition – it will save lives and make a difference! Together we can make change.”    

As Sofia’s mother Maria marks her only daughter’s birthday on January 11th, she too urgesd people to support the petition. Maria said: “This matters so much to me because the most important thing in my whole world has been taken away – all because of some stupid bike. In honour of Sofia’s memory and the others who have sadly lost their lives too, sign the petition today!”   

The petition can be signed here:  https://www.change.org/Sofia-Duarte   

London fires involving e-bikes and e-scooters went up almost 60% in 2023

 

London Fire Brigade data shows that fires involving e-bike and e-scooter batteries are London's fastest growing fire trend and on average there was a fire every two days in 2023. Last year the total number of fires involving e-bikes and e-scooters went up almost 60% compared to 2022*. Public polling by the Brigade shows the proportion of Londoners aware of e-bike and e-scooter fires increased by a third since the launch of its #ChargeSafe campaign in March 2023 to almost six in ten people (58%) in September.     

 

The Brigade’s Assistant Commissioner for Fire Safety, Charlie Pugsley, said: “We’re warning people that cheaper parts bought online are more likely to be unsafe, increasing the risk of a fire. We always recommend purchasing items from a reputable high-street seller. If there’s an offer that seems too good to be true, it probably is. It’s also essential to use the correct charger for the battery, otherwise the risk of fire is much greater. 

 

“The Office for Product Safety and Standards are undertaking research into e-bike fires, but the outcomes from this research need to be released as soon as possible.  Conversion kits for e-bikes are a real area of concern for us and there is a need to understand the safety of the product, and whether any specific standards need to be introduced. Along with conversion kits, batteries and chargers also require much-needed legislation to ensure these products are more strictly regulated.”    

 

Deputy Mayor for Fire and Resilience, Fiona Twycross, said: “Sofia’s death was a tragedy that should never have happened. I’m proud to support the tireless campaigning of her family and friends to ensure this tragedy is not repeated.  

 

“With the growing popularity of e-bikes and e-scooters, I continue to call on the Government to urgently introduce a long overdue regulatory framework to improve safety. I also urge Londoners to follow the vital safety advice provided by London Fire Brigade’s #Chargesafe campaign which is helping to keep Londoners safe.” 

 

Gladstone Park Public Meeting Saturday January 13th 2pm Gladstone Centre

 

LETTER: National Westminster Bank's Willesden Green closure will hit the elderly, disabled and those without internet access

 

Dear Editor.

I am an elderly resident of Willesden Green and can't walk very far. The National Westminster Bank in Willesden Green is just four minutes from my home but is due to close in February.

The elderly, people with mobility problems and the disabled need an accessible local bank and those are the people who will be most badly impacted by the closure.

The cashiers at the branch know their customerrs well and are aware of those who have mobility problems.  They notice when you are frail and invite you to sit down on a chair to wait rather than have you join the queue and stand for a long time. 

They even offered to identify me as someone with memory problems.

On one occasion I visited the bank with a builder who had done some work for me and needed a cash payment. The cashier leaned over to me and whispered, 'Are you okay? You are giving him a lot of money.' This shows they know their customers and care about them.

People of my generation don't use the cashpoint outside the bank for fear of being mugged and instead use the cashpoint inside the bank. If we have to use the outside cashpoint we feel insecure and fearful. Somone I know was mugged when  withdrawing money at the cashpoint and theft takes place even during daytime.

At the moment I am just about able to do online banking but some people don't have internet access. I am unable to use a mobile phone App which Nat West offer as an alternative. I suspect many other elderly people are in the same situation.

Their statement suggesting that they only had two 'regular customers' in 2022 seems wrong to me judging by the queues I see.  How do they define regular? How do they reach the figures they quote - I would like to see the detail  and methods in their closure  impact assessment.  

When National Westminster closes in February and Lloyds a little later there will be just one bank, Barclays, left in Willesden Green. Barclays Bank is not an ethical choice.

National Westminster suggests we go instead to their branches in Kilburn High Road, Golders Green or Swiss Cottage. Unfortunately Willesden Green has no lift for the elderly or disabled so this makes journeys difficult or impossible for some.

They also suggest banking at the Post Office in  Willesden.  Have they seen the queues that line up outside on the pavement?  I am concerned about personal safety if I withdraw money at the post office.

I would like to see National Westminster Bank withdraw the closure notice and hope others will make their voices heard.

Regards,

Willesden Green resident for more than 40 years.

 

Editor's comment:

After receiving this letter I checked the police crime figures for Willesden Green area. The last available are for November 2023. It shows 21 crimes near the National Westminster bank.

 Breakdown

Theft from the person 5, Anti-social Behaviour 3, Shoplifting 3, all other crime 10.

Source

 

 

Last year AgeUK published a booklet on the impact of the switch to on-line bank on the elderly. You can read it HERE