Solidarity in Defending Our Homes: Embracing the 'We Shall Not Be Moved' Declaration in Torry

In a fervently attended public meeting comprised of approximately 100 residents from Torry, the community has reaffirmed its commitment to resist and condemn the reprehensible actions of the Aberdeen City Council, which are perceived as threatening the livelihoods of numerous homeowners.

Emerging from this gathering, a new Residents Association/Campaign Group has been established, with elected representatives poised to spearhead the advocacy efforts. Hannah Chowdhry, a 19-year-old law student at Aberdeen University, assumes the role of Chairperson, bringing youthful energy and legal acumen to the forefront. Serving as Secretary is Amie Bruce, a respected local school teacher, whose organizational prowess will be invaluable. Lynne Winstanley, leveraging her background in accounting, takes on the responsibilities of Treasurer, ensuring sound financial stewardship within the group.

Furthermore, Wilson Chowdhry, father of Hannah Chowdhry, and Quentin McFarlane, father of another resident, have been democratically elected onto the committee, initially proposed as co-opted members but enthusiastically embraced as full members by attendees. Their inclusion underscores a multi-generational and inclusive approach to leadership.  

L-R Lynn Winstanley, Amie Bruce, Quentin McFarlane, Wilson Chowdhry, Hannah Chowdhry.  

Quentin McFarlane has since resigned from his post for personal reasons but will be attending our protest.

The Constitution for the group will need to be ratified at a future meeting and a draft from which the group will be working will be emailed to all those who attended.

The group made some clear progress on a vision for local homeowners First on the agenda was a discussion on group litigation and unanimous support was given for a proposal to seek advice on action against Aberdeen City Council (ACC) for selling a property with a latent defect and for negligence and duty of care in regard to maintenance post-BRE (British Research Establishment) findings in 1995, that declared RAAC unfit for purpose resulting in the termination of the material in any UK council projects by 1996. Two residents have agreed to share details of costs and advice provided by property law advocates they have been speaking with and the TCRC would also be seeking to obtain information pertaining to a number of visits by local people to Grampian Community Law Centre that provide pro bono legal advice to those whom it was normally inaccessible. GCLC have collated questions raised and are seeking answers from ACC.

https://www.rgu.ac.uk/news/news-2022/5411-grampian-community-law-centre-prepares-for-torry-launch-in-scotland-first

It was brought up at the meeting that some property were sold from council stock before the 1995 BRE report. However, the majority of the visitors raised their hands to indicate that they had bought their properties from the council and that they had never been told about RAAC.  A similar number also raised their hands to state they had bought their properties after 1995. Wilson Chowdhry urged homeowners who did not purchase properties directly from councils to seek a date from either the Land Registry of Scotland or Aberdeen City Council, who had provided him with this information for his daughters property.

A whole raft of complex issues exist and the community is left confused with what action to take. some properties abut onto existing Council-owned properties, leaseholder rights where the council is freeholder and problems related to s the New Supply/Open Market Shared Equity and shared Ownership routes that involve the Scottish Government holding some equity in bought houses mean people do not know what will happen if the council goes ahead with their plans to demolish homes. The shared equity programmes  especially make remortgaging very difficult and Hannah Chowdhry agreed to put a question about this to Aberdeen City Council at the Communities Housing and Public Protection Committee (CHPPC) on 24th March 2024 and local MSP's via email.

Ateendees agreed that any collective litigation advocate selected would work equally diligently for all homeowners. 

Hannah Chowdhry, explained that she had applied for evidence of ACC's annual inspections of RAAC roofs, a requirement set in the BRE-report, her submission to the Communities, Housing and Public Protection Committee on 28th March. She had also asked for failure to provide it should be acknowledged as a failure to comply with the direction.

Several decisions were made, primarily it was unanimously agreed that once advice had been received from the initial legal inquiries, the group would engage with and commission a legal advocate. The majority of people in the room agreed to contribute to a fund.  The group also sought to make any claim parallel claim to any brought about by council tenants.

It was agreed that the committee would seek to open a group bank account expediently and that they would revisit the current Crowdfund initiated by British Asian Christian Association and be the lead organisation for it, going forward.  Hannah Chowdhry, has since contacted the Trustees and thanked them for raising the profile of the appeal and campaign.  BACA has stated they will send all donations raised and any gift aid payments to TCRC, once they have established a bank account.

Mr McFarlane raised concerns about how the council were responsible for building the RAAC riddled homes and should be made accountable. He asked the gathering what they felt ACC would do with all the homes they were evacuating.

Mrs Winstanley, was concerned that residents from Council houses would be moved out into new permanent homes, meaning that the council would have empty homes which would best be removed by demolition. A show of hand illustrated the majority of people believed that ACC would demolish their housing stock.

Even then, residents agreed unanimously that we must seek full repair of roofs as a priority and for a fair valuation of properties if compulsory orders were enacted.  A show of hands also indicated that homeowners would be willing to move if a fair offer was provided.

He urged people to stay strong and remain in their houses until they got a fair result. 

Mr. McFarlane gave a rousing shout of 'We shall not be moved!' the rallying call led to a series of cheers.  

A few years ago the council embarked on a strange programme of building roofs over the RAAC inclined roofs. Thes roofs were meant to have been installed for heat insulation purposes but some homeowners questioned whether the purpose was in response to known RAAC deterioration. The new roofs cost £13,000 to the homeowners who were now being expected to pay out a further similar amount to make their homes safe.  Accounts of new windows and heating systems in houses that are in essence to be demolished, seemed like a total waste of money and may have been due to different departments not having been told of the RAAC decision.  A worrying state of profligacy became a concern and Hannah Chowdhry agreed to table a further question into her deputation to get to the bottom of this conundrum.  

Over 40 people at the meeting confirmed they would be attending the protest at 9am on 28th March.  In addition Wilson Chowdhry, stated he would be organising a bagpiper to lead the protestors into the Town house to hear as Hannah delivers her deputation to the CHPPC. Hannah Chowdhry, explained to the gathering that she had been speaking to her University Students Union and that they were very supportive and would be interviewing Hannah to bring her campaign to students and would encourage students on campus to sign our petition and join our protest.

During the meeting, Wilson Chowdhry shared insights from his conversation with Kerry Mackintosh from South Dean RAAC Homeowners, who had successfully campaigned for a new house after an arduous 18-year struggle against West Lothian Council. He recounted Ms. Mackintosh's disappointment at the outcome, revealing that out of 86 homeowners, only 10 had their homes replaced. Many in her community faced the distressing reality of having their homes condemned and receiving meager compensation for their sale under deeply upsetting circumstances. Some were coerced into accepting as little as £18,000 for homes that should have rightfully fetched £100,000. Threats were made that they would receive nothing if they didn't comply.

Mr. Chowdhry emphasized Ms. Mackintosh's advice to the families of Torry: to stand firm and refuse anything less than a replacement home if forced evacuations were to occur. In light of this, Wilson and Hannah will be meeting with Kerry in her home on Wednesday evening, joined by leaders from two other groups, including Livingston RAAC Homeowners and Bathgate RAAC Homeowners, to discuss collaboration and draft a joint statement.

I'm pleased to inform you that all three groups have now endorsed Hannah's petition, and with their support, we have nearly reached 700 signatures.  You can still sign this petition now by clicking (here).

People were asked about their interactions with Audrey Nicoll, and many expressed disappointments with the outcome, as it seemed unlikely that she would offer much assistance. However, Hannah Chowdhry shared positive news that MSP Douglas Lumsden had sent a letter supporting the underwriting of homeowner insurances and providing grants towards initial inspections. This initiative would not only offer homeowners some security but also enable the Scottish Government to distribute the costs for replacing roofs. It's important to note that this is just one option that TCRC is pursuing in their efforts to address the RAAC crisis.

Additionally, Michael Marra has sent several letters to Hannah, challenging the Scottish Government on funds being allocated to help with the RAAC crisis. 

Hannah Bardell MP for Livingston recently raised a question during Prime Minister's Question Time, which is expected to lead to a conversation with him. This development presents a significant opportunity to directly address the RAAC crisis at the highest level of government and advocate for much-needed support and action.

During the meeting, most residents confirmed that their insurance remained in place, albeit with caveats that RAAC-related problems would not be covered. To address this issue, the Torry Community RAAC Campaign (TCRC) is compiling a list of insurance companies that are acting favourably in this regard. This list will be shared with all members, providing valuable information and guidance for homeowners navigating insurance matters related to RAAC.  We will also be monitoring behaviours during renewal.

Since the meeting, Hannah Chowdhry has taken proactive steps by writing to UK Prime Minister Rishi Sunak, MP Michael Gove, Secretary of State for Levelling Up, Housing and Communities, MSP Paul McLennan, Minister for Housing for Scotland, MS Julie James, Cabinet Secretary for Housing, Local Government and Planning for Wales, and Gordon Lyons, Minister for Communities for Northern Ireland. In her letters, she urges them to consider the establishment of a national fund to provide support to homeowners affected by RAAC. Additionally, she calls for a public inquiry to investigate the role of local councils across the UK in contributing to the current RAAC crises. These actions demonstrate her commitment to advocating for justice and support for those impacted by this pressing issue.

Here is a video of Amie Bruce talking with GMTV about the RAAC Homeowner issue: