Torry Community RAAC Campaign Group Meeting Highlights Ongoing Efforts and New Legal Avenues

Image of RAAC with water damage in Clackmannanshire where homes were evacuated.

The latest meeting of the Torry Community RAAC Campaign Group took place on 28th April 2024, with the agenda and minutes made available to all members in advance through the Facebook page and as paper copies distributed before the meeting. 

During the meeting, it was noted that a homeowner had been liaising with a solicitor regarding RAAC issues. While no new information has been received from the solicitor that would simplify the legal battle, the homeowner has committed to updating the group with any developments. Homeowners who purchased properties within the last two years were advised to contact their solicitors to explore potential liability under missives when buying from the council.

Additionally, Robert Gordon University has been actively communicating with Aberdeen City Council, providing pro bono support. However, they confirmed they would not be able to take on a commission for legal action. Despite this, they will continue to offer their support and encouraged members to persist in their efforts.

Hannah Chowdhry provided a Chairperson's report for TCRC, offering an overview of ongoing initiatives and activities, and highlighting the group's progress and future plans. Recent comments from the Scottish First Secretary and the Housing Minister were discussed, with a focus on their implications for the group's objectives.

Hannah also shared details about Rent Pressure Zones, explaining the concept and seeking the support of Councillor Simon Watson in introducing one for any new development at the site of Balnagask, should Aberdeen City Council continue with their plans for demolition. A Rent Pressure Zone would freeze or limit the amount of rent that could be charged in a specific area. Councillor Watson expressed his support for this initiative. Read more about rent pressure zones (here)

Finally, Hannah explained that her father, Wilson Chowdhry, had discovered a law that may be helpful to local residents. Based on the nature of how something was sold, the law in England is called Estoppel. A functional equivalent in Scotland, known as the law of personal bar, protects legitimate expectations during any sale. Hannah has agreed to investigate this law further and believes it may be a viable action to take against Aberdeen City Council. Read more about personal bar (here).

The group's secretary  Amie Bruce was tasked with securely collecting and storing membership information. 

 While council tax queries remain unresolved, members were advised to continue paying to avoid debt accumulation. Wilson Chowdhry has described how local residents can apply for a council tax band review via the Grampian Assessment Office.  You can read more about calling for a review of your council tax band (here). 

The next meeting is scheduled for June 2, 2024, following the upcoming council meeting. For further information, please contact:

Wilson Chowdhry, Chairman of the UK RAAC Campaign Group, said:

"At the meeting, Hannah explained that at the next CPPHC meeting, we would organize a deputation to pursue the new avenues we have discovered to support local residents.

"Our main aim will be to challenge the council on aspects of the property sales that could relate to Estoppel or personal bar.

"We also hope to solidify support for Aberdeen City Council to champion a Rent Pressure Zone and secure grants for returning Balnagask families.

"Displaced families should be able to return to their communities without the burden of excessive rents."

Here is a link to the deputation registered by Hannah Chowdhry (click here)

Below we include the entirety of Hannah Chowdhry's Chairman's report:

Thank you all for joining us today for this pivotal gathering, our first since the establishment of the Torry Community RAAC Campaign Group.

My intention in this report is to highlight the strides we've taken since our inception and to lay out our vision for the future.

Before proceeding, I extend my gratitude to Cllr Simon Watson for gracing us with his presence today, and we anticipate Cllr Christian Allard's attendance as well, acknowledging his contributions to our cause.

Since our last assembly, we've embarked on significant actions, including our inaugural protest and a compelling deputation to a full council meeting on March 28th. Accompanied by my father, Wilson Chowdhry, we presented our case to the Communities Housing and Public Protection Committee. The ensuing discussions amongst councillors were largely encouraging.

After considerable deliberation, both in open forum and in a notably extended private session, witnessed by those present, councillors reached a consensus on the following matters:

This pivotal decision guarantees a substantial opportunity for all council tenants affected by relocation. They will be granted precedence to return to their original residences once repairs are completed, should the council opt against demolition. Furthermore, they will enjoy priority in selecting new accommodations within the area if demolition becomes inevitable. This measure preserves the vital community ties of those deeply entrenched in the local fabric, undoubtedly enhancing the social well-being of many.

For homeowners, a beacon of hope emerges as the council has entrusted the Chief Officers – Corporate Landlord, Capital, and Housing – with the task of exploring funding avenues to alleviate the financial burden faced by owner-occupiers.                                                                

Our inquiries regarding funding for residents' return to Torry have, unfortunately, met with silence from the Housing Team thus far, leaving us in a state of uncertainty.

Undeterred, we orchestrated another protest following Cllr Michael Kusznir's unexpected announcement of a motion favoring homeowners, private tenants, and council tenants. Despite our anticipation of its rejection by the Lord Provost, it was surprisingly accepted for discussion at a full council meeting. However, our attempt to organize a deputation was thwarted by procedural hurdles, with the Lord Provost declining our application due to the absence of a supporting report. Cllr Kusznir valiantly sought to challenge this protocol by requesting a vote to suspend orders, but our efforts were stymied by a narrow margin of three votes. It is apparent that political intricacies obstruct our path to justice, emphasizing the imperative of garnering greater support from the ruling SNP party.

Nevertheless, our persistence has not gone unnoticed. Our endeavors have attracted considerable media attention, with prominent outlets such as STV, Press and Journal, Northsound Radio, and my Student Union lending their platforms to our cause. This surge in media coverage arguably eclipses even the exposure garnered by our initial, larger protest.

Following the event, the TCRC received an esteemed invitation to address the Torry Community Council Meeting. Once again, my father reiterated the pressing issue of funding for residents' return to properties post-repair or rebuild. Encouragingly, the three councillors in attendance pledged to champion this cause and provide a timely response.

Simultaneously, concerted efforts were made to seek a second opinion from Aberdeen City Council regarding the efficacy of surveys conducted by Fairhurst Surveyors. This initiative was prompted by concerns surrounding the categorization of property roofs, all deemed either high risk or critical risk despite varying conditions. Upon meticulous examination of Fairhurst's report by Amie Bruce, a startling revelation emerged: the properties within the Balnagask Estate suffer from incorrectly sized supporting beams, measuring a mere 45mm instead of the requisite 75mm mandated by post-build construction regulations.

This discovery poses an alarming threat to all residents, especially in light of recent developments in neighboring councils. In a Housing Meeting held in West Lothian Council, councillors emphasized that condemning buildings with RAAC is not within the purview of the Housing Team. However, they are actively collaborating with building standards and Environmental Health to explore potential avenues. This concerning trend should serve as a clarion call for all residents in Aberdeen. Should our council adopt a similar stance, the issue of the load-bearing beam places each of us in a precarious position, warranting urgent attention and action.

Amidst our endeavors, we have encountered significant correspondence, chiefly from the UK Government, affirming their decision not to allocate further funding for the RAAC crisis, citing record funding allocations. Similarly, my father received communication from the Scottish Housing Regulator, asserting that their mandate does not extend to providing assistance. Instead, they directed us back to the Scottish Government and local council, emphasizing that financial matters fall under their jurisdiction.  They wrote:

“I see from your correspondence that Aberdeen City Council has advised you that they are working with local and national government on minimising the impact of RAAC on the people affected by it. Financial issues rest with those bodies and we cannot comment further on that. If your daughter is not happy with the action that Aberdeen City Council is taking then she should follow their complaints procedure. She can find out more about that here - https://www.aberdeencity.gov.uk/services/have-your-say/make-complaint. It is a two-stage process and if she remains unhappy at the end of it, she should refer her concerns to the Scottish Public Services Ombudsman - https://www.spso.org.uk/spso.”

In response to these developments, I urge collective action. Our recourse lies in expressing our grievances through official channels. Should dissatisfaction persist with the actions of Aberdeen City Council, recourse to the complaints procedure is advised. It is a two-stage process, culminating in referral to the Scottish Public Services Ombudsman if grievances remain unresolved.

Looking ahead, our focus shifts to the upcoming report on potential funding for homeowners, slated for discussion at the Communities, Housing, and Public Protection Committee Meeting on May 28th. In preparation, we have organized a deputation and plan to stage a protest on that day. I implore as many of you as possible to join us and occupy the public gallery during the meeting. The presence of a unified front carries immense weight, as evidenced by the impact felt during previous engagements. Let us harness this momentum to advocate for our cause with unwavering determination.

I'm currently focused on two further matters:

1.      Delving into the doctrine of estoppel, a law which serves to prevent someone from contradicting a prior action or statement (for instance any pre-sale documents that state our buildings are safe), or a relevant judicial ruling, and seeking expert advice on its applicability to our circumstances.

2.      Advocating for the implementation of a Rent Pressure Zone in any new housing developments in the Balnagask area post-evacuation. Rent Pressure Zones, empowered by Scottish government ministers, are instrumental in curbing excessive rent hikes, safeguarding tenants, and alleviating pressure on local councils to subsidize housing costs. Within a Rent Pressure Zone, rent increases are capped at the Consumer Price Index (CPI) plus 1%, providing stability and affordability for tenants.