Tuesday 15 October 2024

Dundee Residents Voice Concerns Over RAAC Roof Panels Amid Mortgage Crisis

 Dundee Residents Voice Concerns Over RAAC Roof Panels Amid Mortgage Crisis

Dundee, Scotland – 15.10.24 – Residents of a block of flats in Dundee are raising urgent concerns following the discovery of Reinforced Autoclaved Aerated Concrete (RAAC) panels in their roofs, prompting a mortgage crisis that is leaving them with potentially unsellable properties.

In May, Dundee City Council issued letters urging residents to inspect their roofs for Reinforced Autoclaved Aerated Concrete (RAAC) panels, a material known for its structural vulnerabilities. While the council covered the costs of inspections for properties with their own tenants, no such support was extended to blocks comprised entirely of private homeowners. A subsequent report from a structural engineer confirmed the presence of RAAC panels in one block of six flats. Although the engineer recommended reinforcing the roof with heavier timbers to mitigate risks and potentially restore property values, banks remain hesitant to issue mortgages on properties containing RAAC. This has effectively trapped homeowners, leaving them unable to sell or move. Furthermore, the lack of legislation to protect homeowners in these circumstances has enabled banks to profit from the crisis, worsening the situation for those who have become mortgage prisoners.

Local media reported that up to 800 properties in Dundee may contain RAAC, with the Council offering to cover inspection costs for tenants but refusing responsibility for privately owned homes. This lack of support has left residents like Wayne Hoskins in a precarious situation.

“My neighbor lost a sale when potential buyers withdrew their offer due to mortgage difficulties,” Hoskins said. “He eventually sold his property for nearly £30,000 less than the asking price. We are now facing the same struggle, trying to sell at auction and likely incurring a significant loss.”

Despite reaching out to the Council and local councillors for assistance, residents have received no response, leaving them in the dark about the potential risks posed by their roofs. Concerns about the structural integrity of RAAC panels are heightened by the lack of communication from officials.

“I used to live in a similar flat in the late 90s when the Council replaced the felt roofs, yet here we are again, over 30 years later, facing another crisis,” Hoskins added. “We feel abandoned and anxious about the safety of our homes.”

Residents are demanding clarity from Dundee City Council on the status of their properties, including how long the roofs may remain safe and whether they will be subject to eviction orders similar to those seen in Aberdeen.

Wilson Chowdhry, a community advocate leading a campaign for more transparency from Dundee City Council, emphasized the urgent need for action. “Our initial demands include greater clarity on the position of homeowners, more dialogue with affected residents, and fiscal assistance for families grappling with the consequences of poorly constructed buildings,” Chowdhry stated. “It’s unacceptable for residents to bear the burden of a problem that stems from council decisions made years ago.”

Residents are calling for:

  1. Immediate communication from Dundee City Council regarding the status of RAAC panels and the risks associated.
  2. Financial support for inspections and necessary structural reinforcements.
  3. A clear plan for addressing the impact of RAAC on property values and mortgage availability.

As the situation unfolds, the residents of Dundee await answers and hope for swift action to protect their homes and investments.


Saturday 12 October 2024

RAAC Homeowners Devastated by Aberdeen Principal Valuer’s Decision to Reject Council Tax Appeal

Hannah and Wilson Chowdhry deliver a deputation to Aberdeen City Council

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Aberdeen, 11 October 2024 – Homeowners impacted by Reinforced Autoclaved Aerated Concrete (RAAC) have expressed deep distress after Bruce Simpson, Principal Valuer for Aberdeen, dismissed their appeal to reduce Council Tax. Despite the dangerous state of RAAC-affected homes, the decision maintains that the homes are still taxable as though they are in a "reasonable state of repair," despite plans for demolition announced by Aberdeen City Council in August 2024.

Hannah Chowdhry, a RAAC homeowner, expressed her frustration:

"This ruling is incomprehensible. We’re living in homes that are unsafe, with no chance of selling them, yet we are being taxed as if they're in perfect condition. RAAC is not a cosmetic issue—it’s a crisis, and yet the financial pressure continues to mount. This decision ignores the harsh reality that we're facing."

In the August Council meeting, Aberdeen City Council declared that the cost to repair RAAC homes exceeds the value of the properties, and thus, they will be demolished. Despite this, the Principal Valuer has ruled that the structural damage caused by RAAC is considered "repairable," using outdated legal precedents to justify the refusal to reassess Council Tax.

Wilson Chowdhry, Chairman of the UK RAAC Campaign Group, voiced his outrage:

"This was a golden opportunity to set a precedent that would alleviate the financial burden on families dealing with a national crisis. Instead, this decision perpetuates the injustice. The council admits these homes are going to be demolished, yet they expect homeowners to continue paying Council Tax as if these homes are livable. It’s absolutely absurd."

He continued:

"This is not just about RAAC—this is about fairness. Families are being crushed under the weight of mortgage payments, Council Tax, and now rent elsewhere because they cannot live in these homes. And yet, the Principal Valuer dismisses the RAAC issue as though it can be fixed with a few repairs. These homes are collapsing, and this decision only deepens the financial and emotional stress."

The RAAC crisis has left homeowners in a state of limbo, with properties that are structurally unsound and rapidly losing value. Many families are struggling to manage the dual burden of paying Council Tax and rent, while receiving no clarity on compensation or timelines for demolition.

Hannah Chowdhry pointed out the inconsistencies:

"Our home is unsellable, and we’ve had to reach out to multiple agents just to get a valuation, but no one will touch it because of the RAAC. Yet we’re still being taxed as if it’s a viable, functional property. This decision is completely out of touch with reality."

At the August Full Council meeting, Aberdeen City Council’s Corporate Landlord, Mr. Booth, acknowledged that any valuations would be below pre-RAAC values, and market comparisons were impossible due to the lack of similar properties on the market. Despite these concessions, the Principal Valuer's ruling has refused to consider the real impact RAAC is having on affected homes.

Wilson Chowdhry stressed the need for immediate action:

"This isn’t just about a few homes—this is a national issue affecting thousands of families. Continuing to charge Council Tax on homes that the council admits will be demolished is an insult to homeowners who are already financially drained. This decision needs to be reconsidered, and the council should be working with RAAC homeowners, not against them."

The UK RAAC Campaign Group is taking further legal action and urging homeowners across the country to stand together to challenge unfair tax assessments. An appeal to the First-Tier Tribunal for Scotland has been submitted, with hopes to overturn this ruling and set a fairer precedent for homeowners facing similar issues.


About the UK RAAC Campaign Group
The UK RAAC Campaign Group, led by Chairman Wilson Chowdhry, advocates for homeowners affected by Reinforced Autoclaved Aerated Concrete (RAAC). The group fights for fair treatment, financial relief, and long-term solutions for families whose homes have been rendered unsafe by RAAC structural issues.

You can read the seven key points that form the basis of our appeal to the First-Tier Tribunal (click here)

You can read the response from Brian Simms the Principal Valuer for Aberdeen (here)

Tuesday 8 October 2024

RAAC Crisis: Latest Response to Scottish Parliament Petitions Committee Calls for Immediate Action, Financial Support, and Legislative Reforms

IMAGE:  UK RAAC Campaign Group Protestors were joined by Sir Edward Mountain MSP who later wrote to the Housing Minister Paul McLelland on their behalf.

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The Ongoing RAAC Crisis

Wilson Chowdhry, Chairman of the UK RAAC Campaign Group, and his daughter Hannah Chowdhry, a prominent advocate for RAAC-affected homeowners, have submitted a detailed response to the Scottish Government (click here). Together, they call for immediate action to address the significant safety concerns and systemic failures surrounding the use of Reinforced Autoclaved Aerated Concrete (RAAC) in Scotland’s housing infrastructure. The submission responds to the government’s current stance on RAAC and initial response to their on-line petition (click here), urging more comprehensive solutions to this housing crisis that has plunged many homeowners into disarray and financial uncertainty.

Wilson and Hannah Chowdhry’s submission highlights past RAAC-related disasters, including the 1990s collapse of homes in Basildon, where over 800 properties were demolished, and the 2004 demolition of 84 homes in Deans South, Scotland, due to structural defects linked to RAAC. These events, alongside the planned demolitions of RAAC homes in Tillicoultry and Torry, underscore a longstanding failure by both local councils and the government to act.  

Further evidence of these failures can be traced back to a doctor's surgery on the Basildon Knights Estate, which was forced to relocate in 2019 due to severe structural issues, including cracked walls and sinking floors. Despite these warning signs, local authorities and the UK Government once again failed to respond promptly and did not extend their investigations to nearby homes (click here).

"RAAC is a material with an alarming history of failure," said Wilson Chowdhry. "The fact that the Scottish Government still hesitates to address its dangers shows a failure of oversight that spans decades. Large-scale demolitions like those in Basildon and Deans South should have spurred action, but they didn’t. Now, Scottish homeowners are paying the price for this negligence."

Historical Failures Ignored

The Chowdhrys challenge the lack of a thorough investigation into RAAC by bodies such as the Institution of Structural Engineers (IStructE) and the Standing Committee on Structural Safety (SCOSS). Despite the alarming number of structural failures and demolitions, no formal inquiry into RAAC’s long-term safety was launched, allowing this defective material to proliferate unchecked across Scottish housing.

"If councils had acted sooner, we wouldn’t be facing this crisis today," said Hannah Chowdhry. "RAAC homes continued to be built and renovated long after it was clear the material was a risk. In many cases, councils ignored residents’ complaints about leaks and structural concerns for years before roofs literally started caving in."

Systemic Failures in Maintenance and Financial Support

The petitioners are particularly critical of the lack of financial support for homeowners, who are now facing enormous costs to repair or even retain their properties. While the Scottish Government's Scheme of Assistance Strategy offers advice and guidance, it provides no tangible financial relief.

"Homeowners are stuck between a rock and a hard place," said Wilson Chowdhry. "They’re expected to fix these homes themselves, without any grants, loans, or support schemes. People are on the brink of losing their homes, and the government is offering nothing but empty advice."

Clackmannanshire Council comes under particular scrutiny for its handling of the crisis. The council, according to the Chowdhrys, has pushed ahead with demolition plans without even exploring options for remediation. The petitioners accuse the council of using its majority ownership of affected properties to bulldoze through demolition plans, ignoring the homeowners who wish to keep their homes.

"These councils see RAAC as a way to justify cheap redevelopment," said Hannah Chowdhry. "They’re not giving homeowners a fair chance to retain their properties. Instead, they’re delaying everything—reports, decisions—so they can buy homes at reduced prices and redevelop the land for profit."

Call for Immediate Financial Support and a National Fund

The submission calls for the creation of a National Fund to support homeowners impacted by RAAC. Wilson and Hannah Chowdhry propose reallocating a portion of the £3.5 billion affordable housing fund or utilizing the unused £97.1 million earmarked for cladding remediation.

"A National Fund is the only fair solution for homeowners," Wilson Chowdhry emphasized. "People shouldn’t be forced into financial ruin because the councils and government ignored this issue for decades."

The petitioners also express frustration with the six-month wait for council option reports, which are already outdated by the time they are issued. The delay affects market valuations and further disadvantages homeowners, leading to fears that councils are intentionally dragging their feet to offer below-market prices for properties.

Demand for Public Inquiry and Legislative Reforms

In their submission, Wilson and Hannah Chowdhry demand a public inquiry into the historical failings of councils and the Scottish Government regarding RAAC. They question why, in the early 2000s, several councils chose to install secondary roofs over RAAC structures without addressing the core safety issues.

"Adding new roofs over RAAC buildings wasn’t a solution—it was a cover-up," said Wilson Chowdhry. "These councils didn’t want to spend the money to fix the real problems, and now homeowners are paying for that short-term thinking."

Clackmannanshire Council is specifically criticized for its failure to address years of water ingress and poor maintenance, which hastened the deterioration of RAAC homes. Aberdeen City Council also faces accusations of offering below-market valuations for homes, citing the “best value solution” under the Local Government Act of 2003—a move that petitioners argue ignores the broader socio-economic consequences for vulnerable homeowners.

Key Recommendations for the Scottish Government Petitions Committee

The UK RAAC Campaign Group, led by Wilson and Hannah Chowdhry, has urged the Scottish Government’s Petitions Committee to act decisively by:

  1. Requesting further information from the Scottish Government and councils about their RAAC management practices.
  2. Inviting petitioners to present their case in person before the Committee, ensuring direct insights from affected homeowners.
  3. Referring the petition to other parliamentary committees, particularly those overseeing housing and building safety.
  4. Recommending the establishment of a National Fund for financial relief and RAAC remediation.
  5. Pushing for a full debate in the Scottish Parliament, forcing ministers to address the issue publicly and develop actionable solutions.
  6. Launching a public inquiry into the councils and authorities that failed to take earlier action on RAAC safety.

The Chowdhry family, through their ongoing petition to the Scottish Parliament, have been calling on local authorities to fully utilize the provisions under Section 71 of the Housing (Scotland) Act 2006. This legislation allows local councils to provide financial assistance to homeowners in distress. In their petition, they highlighted guidance received from the Housing Minister, which points to Section 71 as a key mechanism for addressing the crisis. However, councils, including Clackmannanshire and Aberdeen, have so far failed to make full use of these provisions, exacerbating the housing challenges faced by many affected residents, particularly the elderly.

Delays in Response: Two Key Points That Stalled Progress

Progress in finalizing the petition submission was delayed as two critical points were negotiated between the petitioners and the committee:

  1. Clarification on Development Plans: Wilson Chowdhry raised concerns that Clackmannanshire Council officers had downplayed the formal status of development plans relating to RAAC properties. Documents obtained through a Freedom of Information (FOI) request revealed that these plans, endorsed with the council's official logo, were more than informal proposals—they held official status. Although some council officials presented a different narrative, the Chowdhrys insisted on retaining this crucial detail. In the interest of moving forward, however, Wilson Chowdhry agreed to accept the committee’s latest amendment on this point, allowing the submission process to proceed.

  2. Reference to Housing Minister’s Guidance: Another point of contention involved the explicit mention of the Housing Minister’s guidance on Section 71. Wilson Chowdhry stressed that the letter his daughter Hannah received from the Minister provided clear direction to use Section 71 provisions. This was not a disputable issue, and its inclusion was vital to the petitioners’ argument that councils had the power, but were choosing not to act in the best interests of affected homeowners. After careful review, the committee agreed to maintain this critical reference, ensuring that the petition fully reflects the Housing Minister’s advice.

Resolution and Next Steps

After the detailed negotiations, Wilson Chowdhry has now agreed to the latest amendments proposed by the committee. This agreement means the Petitioner written submission of 6 October 2024 can move forward without further delay, allowing it to be published and considered by the relevant authorities.

“We are relieved to have finally reached an agreement that retains the key elements of our argument. While it has been frustrating to face delays, we are confident that the amended submission will enable the Scottish Parliament Petition Committee to effectively urge the government to recognize the urgency of the situation. We hope this will lead to decisive action, pushing councils to use the powers available to them and securing necessary funding support from the government to help affected homeowners,” said Wilson Chowdhry.

The petitioners continue to call for stronger action from both Scottish Councils and the Scottish Government, urging them to provide financial support and practical solutions to address the housing crisis worsened by RAAC. Mr. Chowdhry is set to meet with Kevin Wells, Strategic Director: Place at Clackmannanshire Council, on 17th October 2024 to review the RAAC issues affecting homeowners in Tillicoultry. He also has a scheduled meeting on 14th October with Basildon Council Leader Cllr. Gavin Callaghan, Chief Executive Kim Bromley-Derry, and Assistant Director of Property, Asset Management & Development Jonathan Tizzard, as he pushes for a fair deal for Basildon residents facing similar challenges in England.

A Call for Legislative Changes

Beyond financial relief, Wilson and Hannah Chowdhry call for legislative reforms, including updates to the Scottish Home Buyers Report process to clearly identify construction materials and safety risks. They also propose the creation of a High-Risk Register, allowing surveyors and homeowners to access crucial safety information on construction materials.

"RAAC is just one part of the problem," said Hannah Chowdhry. "We need stronger laws and more transparency in the housing sector so that future homeowners aren’t caught off guard by hidden risks like this."

Furthermore, the petitioners are advocating for critical legislative changes that impact Scottish homeowners but fall under the remit of the UK Government. A letter outlining these requests was delivered in person to Housing Minister Angela Rayner and Prime Minister Keir Starmer at 10 Downing Street in May, and a response is still awaited.

One of the proposed changes includes legislation similar to the General Product Safety Regulations (GPSR), which requires manufacturers to address safety defects for the lifetime of a vehicle. The petitioners are calling for this principle to be applied to the housing industry, ensuring that developers are held accountable for rectifying safety issues, such as cladding and RAAC, in homes they built, even after the properties have been sold. This measure would ensure that developers who profited from constructing these homes are responsible for necessary repairs during future crises involving such safety defects.

Additionally, they are advocating for an amendment to the Financial Services and Markets Act 2000 to protect homeowners whose properties are condemned or demolished from the burden of continuing to pay their mortgages. This could include provisions such as mortgage interest relief or other financial protections, emphasizing that the UK Government has previously bailed out banks with taxpayer money, and thus should be willing to accept a smaller financial loss to support affected homeowners.

Finally, they are pushing for a legislative amendment to the Finance Act 2003. This change would renew first-time buyer status for homeowners whose properties have been impacted by RAAC or similar crises, ensuring that those forced to start over are not unfairly penalized in future property purchases. The petitioners are hoping that this amendment could be supported through a Private Member’s Bill or incorporated into broader financial legislation in the UK Parliament.

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

"We urgently alos need the UK Government to acknowledge the severity of this crisis and take real action. Developers must be held accountable for the safety of the homes they build, not just for a few years after construction but for the lifetime of the property. Moreover, homeowners affected by structural defects like RAAC should not be left with the burden of paying off mortgages on homes that are no longer safe to live in. It’s time for the Government to step up, protect these vulnerable homeowners, and ensure they aren’t left financially ruined."

Friday 27 September 2024

Homeowner’s Plea Highlights Crisis Facing Thousands Across Scotland on Anniversary of Forced Evacuations

Image taken from BBC Article (click here)

MAGE:MP Brian Leishman with Wilson Chowdhry Chairman of the UK RAAC Campaign Group

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Frances Reid, a distressed homeowner from Chapelle Crescent in Tillicoultry, has issued a heartfelt plea to local councillors, marking the anniversary of the forced evacuation of 30 homeowners from their properties due to the REinforced Autoclaved Aerated Concrete (RAAC) scandal. Frances’s emotional correspondence sheds light on the devastating consequences of recent housing policies affecting homeowners across Scotland, as she now faces homelessness due to circumstances beyond her control.

In her poignant email, Frances expressed her profound sadness over the perceived indifference from the council and government officials. “No one can truly understand how it feels to be evicted from your home and have no control over your future unless you’ve been subjected to it,” she wrote. The emotional turmoil she experiences daily—devastation, grief, loss, and confusion—has left her feeling shattered and vulnerable, with her belongings scattered and her future uncertain.

Wilson Chowdhry, Chairman of the UK RAAC Campaign Group, echoed Frances’s sentiments, stating, “It is demeaning to see Scottish MSPs refuse support for homeowners like Frances on the basis that the UK Government has not provided funding. This refusal allows many citizens to live under the shadow of an impending financial crisis, leaving them vulnerable and unsupported. Local councils have prioritized best value for themselves rather than the safety and well-being of the very people they are meant to protect. It is unacceptable that bureaucratic indifference has allowed the suffering of constituents to be sidelined, while homeowners are left grappling with fear and uncertainty. We need to see courage and compassion from our leaders, not apathy.”

Frances's situation is emblematic of a broader crisis affecting thousands of homeowners across Scotland. Local councils have prioritized financial metrics over the safety and mental well-being of the citizens they are meant to protect. Information released by councils has often been granular and deficient, attempting to obscure the truth while lulling affected homeowners into a false sense of security. “Bureaucratic indifference has taken precedence, as councillors appear unwilling and uncaring, lacking the courage to do what is right,” Frances lamented.

Chapelle Crescent, like many communities, has faced years of neglect and disrepair. Urgent maintenance issues were only addressed after homeowners took it upon themselves to organize private surveys, resulting in traumatic evictions with minimal notice. “Did we need to be evicted with only two hours' notice? Probably not,” Frances noted, emphasizing the shocking treatment faced by her and her neighbors.

The impact of these housing crises is not just physical; the emotional toll is profound. Many homeowners are grappling with anxiety, depression, and an overwhelming sense of loss. Frances’s plea serves as a stark reminder that these are not just properties—they are homes filled with memories, hopes, and dreams. “I implore you to consider our futures carefully. We are not just statistics; we are real people whose lives have been fractured,” she said.

As Frances continues to advocate for herself and her fellow homeowners, her story serves as a poignant reminder of the urgent need for systemic change. With the specter of financial instability looming over many, it is crucial that local and national governments step up to provide support and solutions. “We deserve better,” Frances declared, calling for meaningful intervention and assistance for those affected by similar crises.

The community stands at a crossroads, and decisive action is needed to ensure that no homeowner is left behind. Frances urges local councillors to listen, respond, and take responsibility for the plight of their constituents.

You can read Frances Reid's emotional plea for support here:

The day my life changed forever

Thank you for reading my correspondence considering you all sat in the councillor's meeting and portrayed your concern and support for all homeowners, no one has responded to any of my previous emails or my knowledge has been proactive in supporting our plight.

As a homeowner, the belief of the council that they have no responsibility towards us is reprehensible. I have strived and worked my whole life to provide myself with a future which would be mortgage-free with my limited funds. I have worked hard, paid my taxes, never been in debt and I now find myself in this horrific position of being homeless.

No one can truly understand how it feels to be evicted from your home and have no control over your future unless you’ve been subjected to it. Whilst you’re surrounded by your own home comforts, take a minute, at least one to think about how that would feel if it happened to you. The devastation, grief, loss and confusion are just some of the emotions I have to contend with every day.

I didn’t buy my home from the council as a tenant because I was never a council tenant, I don’t fit the criteria so I’ve been self sufficient all my life, until now. And now I’m homeless.

Chapelle Crescent has been run down for years and questions unanswered from the council as to why, but we all know plans had already been made which were finally confirmed at the first and only meeting of the 3 affected blocks.

Had the owner concerned about the lack of maintenance to our roof not privately organised and paid for a survey would we still be there? Probably.
Did we need to be evicted with 2 hours notice? Probably not.
No one else with Raac has had the dramatic and traumatic treatment we have had.

A year on, my future, my finances, my place to call home, my belongings are still shattered and scattered around me, a jigsaw puzzle I can’t comprehend or complete.
26 September ‘23 my life was destroyed and it will never be the same again whilst you proclaim to have no responsibility to me as a homeowner. You control the building as 9/12 owners and reneged your role as factors without informing anyone. You have the power in your hands to either help me and my fellow homeowners or try to destroy us.

I implore you to consider our futures carefully. We are not a statistic, nor bricks and mortar. We are real people whose lives have been and continue to be fractured, looking for a fair deal for the homes we have lost through no fault of our own.

I await your response
Thank you
Frances Reid

Wednesday 25 September 2024

Protest Erupts After Clackmannanshire Council Cancels Critical Meeting with RAAC-Affected Homeowners


MAGE:MP Brian Leishman with Wilson Chowdhry Chairman of the UK RAAC Campaign Group

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Tillicoultry residents displaced by RAAC gathered in protest on Friday, September 20th, outside the Clackmannanshire Council headquarters at Kilncraigs. Frustrated by their inability to return to their homes for nearly a year, over 20 homeowners demanded a meeting with council officials to discuss their future.

Leading the protest was Wilson Chowdhry, chairman of the UK RAAC Campaign Group, who has been advocating for the affected residents. The protestors' main goal was to secure a face-to-face meeting with the council to voice their concerns and seek clarity on the fate of their homes. Despite being evacuated last September, these residents have been left in limbo, with their homes deemed unsafe due to the presence of RAAC.

Chowdhry emphasized the hardship the residents have faced, stating, "These homeowners have seen their hard-earned properties taken from them due to RAAC. After years of working to secure a place to call their own, they now find themselves effectively homeless."

The protest was organized following the last-minute cancellation by Mr. Kevin Wells the newly appointed Strategic Officer - Place of a scheduled meeting with council representatives. Chowdhry, in a letter to council officials, pointed out that the residents had been invited to the meeting to discuss a briefing paper and other key issues, including an on-line petition and accompanied re-entry into their evacuated properties.

Chowdhry provided evidence of communication with council officer Wilson Lees, highlighting that the agenda included discussions on re-entry to their homes and that both he and the homeowners were clear on what was to be covered at the meeting. In his letter, he wrote:

"There was no confusion between the residents and Mr. Lees in our WhatsApp communications. The confusion seems to have occurred on your end."

The unilateral cancellation one day before the meeting which had been planned for months left many residents feeling silenced. Brian Leishman, Labour MP for Alloa and Grangemouth, who also attended the protest, expressed his frustration, saying, "The last-minute cancellation of today's meeting is another example of the poor treatment RAAC-impacted residents have been subjected to. These individuals haven't had a place to call home for nearly a year – the least they deserve is a platform to share their concerns."

Protestors chanted, "Who do we want? Kevin Wells! When do we want him? Now!" and "Stop the RAAC, don't let it crack!" as they engaged with passersby, sharing details of their campaign and petitions.

Protestors are also demanding that, should their homes be sold, they receive pre-RAAC valuations, a point echoed by Chowdhry during the demonstration. A briefing note had been delivered to residents the previous week outlining three possible outcomes: repair, demolition, or compulsory purchase orders. Chowdhry reiterated that residents had initially been informed by Wilson Lees that pre-RAAC valuations would be considered, but this has not been uniformly accepted by council members. 

In response to the council’s actions, Chowdhry said, "This cancellation is a blatant attempt to silence the voices of affected homeowners and undermine the democratic process. It's disgraceful for any council to treat its residents with such disregard, and the leadership of Clackmannanshire Council should be deeply ashamed of their actions."

Residents are now pursuing formal complaints against the council, seeking redress for the abrupt meeting cancellation and their ongoing displacement.



Monday 16 September 2024

The Council Tax Conundrum: A Battle for Fairness and Justice


MAGE:MP Brian Leishman with Wilson Chowdhry Chairman of the UK RAAC Campaign Group

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The Council Tax System's Shortcomings: An Urgent Call for Reform

Hannah Chowdhry, a law student and property owner, recently sought an annulment of her council tax bill, arguing that her property—constructed with RAAC (Reinforced Autoclaved Aerated Concrete)—should be exempt due to its deteriorated state. Her request was driven by a desire to understand the exemption process and share insights with others facing similar issues, though she is exempt by way of her student status.  The response from the Grampian Assessor & Electoral Registration Office, however, underscores significant flaws in the Council Tax system that demand urgent reform.

The System's Fundamental Issues

The Council Tax banding system, established under The Council Tax (Valuation of Dwellings) (Scotland) Regulations 1992, is based on the capital value of a property as of April 1, 1991. The assumption is that the property was in a "state of reasonable repair" on that date. This rigid approach fails to account for the reality of properties built with inherently flawed materials like RAAC, which pose significant risks and repair challenges.

The Fairer Council Tax consultation has revealed critical gaps in how property conditions are evaluated:

"For many years, a common criticism of Council Tax has been that it is unfair and regressive. This is because when the average Council Tax liability is expressed as a percentage of the estimated property value, the effective tax rate is higher for lower value properties and lower for the higher value properties["

Despite past court rulings, such as those involving properties in 14 Portnalong, Isle of Skye, and 5 Muirkirk Road, Strathaven, which argued properties should be valued as if in reasonable repair regardless of their actual state, the system has not adapted to reflect the true conditions of these buildings.

The Real-World Impact on Homeowners

Hannah Chowdhry’s case highlights the systemic unfairness faced by homeowners. Aberdeen City Council's decision to demolish RAAC-affected buildings due to their unsuitability demonstrates a disconnect between the real state of these properties and the Council Tax banding system. Property owners, often who bought under the Right-to-Buy scheme, now face escalating costs and diminishing property values, despite having invested in what they believed were valuable assets.

The Fairer Council Tax consultation also points out that the current system disproportionately affects homeowners of properties built with substandard materials. These individuals are left to shoulder the financial burden of outdated construction practices while councils benefit from ongoing Council Tax payments and potentially acquire properties through Compulsory Purchase Orders or poorly valued voluntary agreements.

Addressing Systemic Inequities

The consultation’s findings highlight the need for a system that accounts for the true condition of properties and offers fairer treatment to those affected by substandard building materials. The current Council Tax framework punishes homeowners for issues they did not create and fails to provide adequate support or recourse.

The Right-to-Buy scheme, originally designed to broaden access to homeownership, has instead placed many homeowners of RAAC-affected properties in challenging situations. Councils, having sold these properties to unsuspecting buyers, have effectively absolved themselves of responsibility for their long-term upkeep. Consequently, the current system unfairly penalizes homeowners for structural deficiencies that stem from past council construction practices. This has led to a situation where individuals are left to bear the financial burden of issues that originated long before their ownership.

A Call for Reform

Wilson Chowdhry, Chairman of the UK RAAC Campaign Group, said: "The Fairer Council Tax consultation underscores the need for reform to address the real-world implications of property conditions. However, it has failed to recognize the severe challenges faced by homeowners dealing with properties constructed from substandard materials, such as those involved in the RAAC scandal. The Council Tax system must evolve to consider these substandard construction practices and ensure that property valuations and tax banding are adjusted accordingly. Homeowners should not be burdened with the financial consequences of outdated building practices. The system needs to provide the support and fairness that these individuals deserve."

Hannah Chowdhry’s experience is a poignant example of the systemic issues at play and a powerful call to action for policymakers and the public. She said: "It is time to advocate for a fairer, more equitable Council Tax system that addresses these fundamental flaws and supports those who have been let down by inadequate construction practices."

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Text from email to Hannah Chowdhry:

Dear Ms Chowdhry

 I refer to your outstanding proposal against the Council Tax banding of the above property.

Council Tax banding is based on the capital value of the property as at 1 April 1991, subject to a number of statutory assumptions detailed within The Council Tax (Valuation of Dwellings) (Scotland) Regulations 1992.  Regulation 2 (d) states the following assumption:

“that the dwelling was in a state of reasonable repair”

With regard to your property, the discovery of RAAC concrete must be disregarded as this is a condition which is repairable.

A number of cases regarding repairs and property condition have been brought before the Court of Session and I will summarise the decision in the two principal cases below.

The property addressed as  “14 Portnalong, Isle of Skye” was in a dilapidated state.  The owner appealed that it should be excluded from the Council Tax list.  The property was built in the 1920’s with stone gables, corrugated iron walls and an asbestos tiled roof, it had no plumbed in running water, no 13 amp electric supply and no sewage disposal facilities.  The rear wing was totally derelict and the back room had its windows boarded up.  The court decided that all the issues were repairable and that the property should be banded as if it was in a reasonable state of repair.

The second case involves a property at 5 Muirkirk Road, Strathaven.  This was a semi-detached property which had been subject to settlement.  The gable wall was out of plumb, the front and rear walls sloped backwards.  Internally the walls were out of plumb and the floors sloped.  Structural engineers recommended major works to resolve the matter.  An appeal requesting the Council Tax band be reduced due to these factors failed as the property had to be valued as if it were in a reasonable state of repair.

It is my opinion, particularly in light of these previous appeals,  that the discovery RAAC in your property falls under the reasonable state of repair assumption within the legislation and as such the current banding of the property is correct. 

However, should you still disagree with the above, you do have the right to proceed to a formal appeal.  In order to do so, you must appeal against this notice to the First-Tier Tribunal for Scotland within 42 days of the date of this statement.  Details on how to make such an appeal can be found at www.localtaxationchamber.scot.

Kind Regards

Bruce

Bruce Simpson MRICS
Principal Valuer
Assessor & Electoral Registration Office

MP Brian Leishman Calls for Justice for RAAC Homeowners in UK Parliament

IMAGE:MP Brian Leishman with Wilson Chowdhry Chairman of the UK RAAC Campaign Group

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UK Parliament – Yesterday, MP Brian Leishman delivered a passionate call for justice for homeowners affected by Reinforced Autoclaved Aerated Concrete (RAAC) in the UK Parliament. His latest action follows a series of letters for which he is still awaiting a response from ministers in both the Scottish and UK Governments.

Leishman, known for his advocacy on building safety, refused to stand by and wait for official responses. During the Sir David Amess Adjournment Debate—named in honor of the late MP renowned for raising multiple constituency issues in a short time—Leishman highlighted the pressing RAAC situation in Tillicoultry as a matter of national concern. The debate was addressed by Rushanara Ali, Parliamentary Under-Secretary of State for Building Safety and Homelessness, and Alex Norris, Parliamentary Under-Secretary of State for Democracy and Local Growth.

In his speech, MP Leishman shared the heartbreaking stories of the impacted residents:

"Amongst the residents that have been impacted by RAAC, I met a couple who had lived in their flat for 40 years. They’d achieved the dream of home ownership, and when this hard-working couple had finally paid off the mortgage on the ex-council flat, they described it as a moment of immense pride and achievement. Those emotions have been replaced with anxiety, despair, and, in no small measure, anger. Anger at the insurance companies, who have told the residents that there is no obligation to cover as they say RAAC is not a named peril on insured costs...

A video of his full statement in Parliament can be viewed here: 

In an email to Wilson Chowdhry, Chairman of the UK Campaign Group, Leishman's office expressed his commitment to the cause. "Brian felt strongly that he couldn’t simply wait around for the replies to his letters," the email stated, underscoring his dedication to holding the government accountable for the safety and well-being of RAAC-affected residents.

Mr. Leishman became well-versed in the RAAC housing crisis in Clackmannanshire after meeting with Mr. Chowdhry and local homeowners at Centenary Hall on August 24, 2024. During this meeting, Brian Leishman MP committed to taking concrete action on their behalf. He outlined plans to contact key government officials, including Angela Rayner, Secretary of State for Housing, Communities and Local Government; Ian Murray, Secretary of State for Scotland; and John Swinney, First Minister of Scotland, to urge a coordinated response from both the UK and Scottish Governments. Leishman also pledged to raise the issue through Parliamentary Questions to seek legislative changes that could prevent similar crises in the future.

In an email, Mr. Leishman wrote:

"I am, of course, happy to consider Parliamentary Questions further down the line, but that may take some time as we are currently in recess and will more or less be until after conference season ends in a few weeks. I have taken the more immediate step of writing directly to the various Secretaries of State and Ministers now so that I can get things moving forward as quickly as I can."

Leishman’s proactive approach continues as he pushes for further discussions with ministers to address the RAAC crisis.

Brian Leishman’s efforts have sparked hope among homeowners and campaigners. Updates on responses from both the Scottish and UK Governments will be communicated as soon as they are received. Meanwhile, Leishman is exploring opportunities to attend an upcoming meeting at Kilncraigs, pending any scheduling conflicts.

In response to these ongoing concerns, a meeting has been scheduled for September 20th with Kevin Wells, the Strategic Director for Place, and Wilson Chowdhry, Chairman of the UK RAAC Campaign Group. This meeting aims to give residents an opportunity to voice their concerns and seek direct answers from the council regarding their predicament.

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The text of Mr Leishman's Speech

Amongst the residents that have been impacted by RAAC I met a couple who had lived in their flat for 40 years.  They’d achievd the dream of home ownership and when this hard-working couple had finally paid off the mortgage on the ex-council flat, they described it as a moment of immense pride and achievement. Those emotions have been replaced with anxiety and despair and in no small measure anger.  Anger at the insurance companies, they have told the residents that there is no obligation to cover as they say RAAC is not a named peril on insured costs. And after evacuation some of the homeowners found themselves placed into hotels.  Some chose to stay with family or friends, some had to present as homeless and therefore be relocated to Clackmannanshire Council’s temporary accommodation. Some of us were relocated to bed and breakfast accommodation in Kirkcaldy and Fife a town 31 miles away from Tillicoultry. What a situation to be in for those homeowners that work locally or have children in school or look after elderly relatives. Madame Deputy Speaker nearly a year on, and these constituents live a life in limbo. Some are leading a nomadic existence going from property to property. Some feel like a burden on their friends and family. Some tell me their physical and mental health has suffered and some have told me that they are staring into the abyss. That their golden years of retirement have been snatched away because of the financial impact of what’s happened to them.  But all of them are united by the anguish, of not having somewhere to put down roots and call home.