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The housing crisis in Aberdeen, particularly affecting the town of Torry, has reached a critical point following the decision to evacuate 299 council homes due to dangerous RAAC concrete in their roofs. The situation has prompted an appeal by the British Asian Christian Association for assistance (click here), so far no other charity has offered help to the beleaguered homeowners.
Over 140 homeowners who purchased their council houses from Aberdeen
City Council have been informed that they will not receive any support from the
council. Instead, they have been advised to seek assistance from their
insurance companies. However, several residents have approached their insurers
only to be met with 100% rejection for financial support, with only a few being
offered legal assistance.
In response to this dire situation, over 40 residents gathered for a public
meeting at the Golden Tee Pub on Friday, February 1st, 2024. During the
meeting, 100% of attendees expressed their determination to challenge the
council's decision and remain in their beloved community.
On November 23rd, 2023, residents of the
Balnagask area in the town of Torry received a letter from Aberdeen City
Council (ACC) informing them that Reinforced Autoclaved Aerated Concrete (RAAC)
had been used in the construction of their homes, posing a significant risk.
The letter notified residents of a public meeting to discuss the matter. Many
residents attended the meeting and were educated about the dangers of this
"bubbly concrete," which is susceptible to water damage and weakening
over time due to air bubbles within its composition. While residents were taken
aback by this revelation, they were instructed to await further information,
although it was made clear at the meeting that ACC would not be offering
assistance to homeowners.
Hannah Chowdhry, a local homeowner, sought to better understand the situation and enlisted her father's help. Wilson Chowdhry began contacting the local council, initially facing ignored calls and emails. Eventually, a Housing Officer explained that ACC couldn't cover the costs related to the RAAC crisis and was in discussions with both the Scottish Parliament and the UK Government to ascertain their role in assisting with the situation. It was emphasized that the council was seeking support for both council tenants and homeowners, although there was no assurance of any assistance being extended to homeowners. This stance was echoed by local councilors and Members of the Scottish Parliament (MSP) in email exchanges with Hannah Chowdhry. Read more (here)
Mr. Chowdhry was also informed at this stage that inspections had revealed that most homes were in a stable condition and did not require immediate repair, which provided some comfort. On 6th February, Cllr Kusznir wrote:
"...I note your comments about the purported construction quality. RAAC would have been a standard construction method when it was utilised and therefore I doubt the Council would have any liability for defective construction. If the RAAC has been manufactured, installed, and maintained correctly then my understanding from the Council's Officers and other experts is that it should pose no risk greater than other construction methods. I note that RAAC is still be used in other countries..."
Hannah Chowdhry, a law student at Aberdeen
University, then approached a professor teaching property law at the
prestigious institution with her concerns. She inquired whether a case could be
pursued against the council for vicarious liability. The professor responded:
"Regrettably, I am not currently a
practicing solicitor and I cannot therefore offer you legal advice in that
capacity. In very broad terms, I would say that if ACC knew the RAAC had
exceeded its designed lifetime at the time it sold the property, that may
constitute a latent defect. The other possibility is the law of negligence,
depending on whether a sufficient nexus can be established for a duty of
care."
Hannah then made a request for a deputation at the next Full Council Committee. However, despite the gravity of the issue, Hannah was denied the opportunity to speak due to a technicality. However, after her father persisted in pursuing her request, he managed to arrange for her to speak at an Urgent Business Committee. On Monday, February 22nd, the day of the meeting, Ms Chowdhry was asked if she would consider withdrawing her request. She was informed that the meeting was not public, and she wouldn't be granted access to the preliminary notes. Instead, she was advised to address the Communities, Housing, and Public Protection Committee (CHPPC) on March 28th, 2024, which would have full public access and provide her with an opportunity to read the preamble. Hannah accepted the invitation under the assumption that she would be able to adjust her presentation based on any decisions made by the council. However, she did not anticipate that a decision with far-reaching implications would be made during the committee meeting without input from any residents.
Hours later, the council issued a press
release announcing to national media that they had secured £3 million from the
Scottish Parliament. They outlined plans to evacuate all council tenants and
provide them with new permanent housing. Furthermore, they hinted at potential
further action, including the demolition of the existing council portfolio and
the redevelopment of the area. You can read ACC's statement (here).
This turn of events caught Hannah by surprise, especially since her father, Wilson Chowdhry, had been in communication with the council leading up to the committee meeting. Until the day Hannah was scheduled to speak, conversations with councilors indicated that Aberdeen City Council was considering seeking support for their 'council tenants and other affected parties', albeit with no guarantees given to support homeowners. However, the next day, every affected home received a letter, which notably lacked any apology to homeowners for the failure to secure funding to assist them. Instead, the letter unequivocally stated that absolutely no help would be provided to homeowners, advising them to contact their insurance companies and seek legal support—effectively reverting to their initial abnegation of responsibility. The letter from the council also stated: "We continue to strongly encourage you to seek an independent assessment of RAAC in your property," However, this comes with a significant (unplanned) financial burden for individual homeowners.
The decision left residents in tears and
utterly bewildered, with an 84-year-old homeless man refusing to vacate his
home in the press (click here). A local Facebook page was established by Lynne Winstanley, specifically for homeowners
affected by RAAC issues, and a meeting was convened at a local pub the following evening. Echoing
sentiments from the initial article by the Aberdeen Press and Journal, 100% of
local homeowners at the meeting, confirmed their desire to remain in their beloved community
and expressed a determination to contest this decision.
A young primary school teacher, Amie Bruce (27 yrs), shared her disappointment and frustration, highlighting that her initial homebuyer report made no mention of RAAC, a fact Hannah confirmed for her more recent purchase. Several elderly residents were also in tears as they recounted how they had purchased their homes in good faith, unaware that the properties they bought from the council under the right-to-buy scheme were close to or past the lifespan of the RAAC in their roofs, or that it was a substandard material prone to collapse. You can watch a BBC News feature below or read STV's article (here):
During the meeting, many residents were aware of ACC's desire for a thoroughfare to support the recently completed Aberdeen South Harbour (click here) which had cost £420m, and is Scotland's largest port (click here). This led many to speculate that this desire might be behind the recent decision, as their homes would be in the way and considered undesirable from an aesthetic standpoint. Some felt that the rights of local homeowners were being sacrificed for the potential tax-free status and further investment it would bring to the area if the South Harbour gained freeport status. This would necessitate the project expanding across Torry for improved investment opportunities (click here). Residents feared that this could eventually lead to either voluntary or compulsory purchase orders, and Ms Chowdhry will be raising the matter at the CHPPC.
One tenant, who had researched the
procedure for compulsory purchase orders before the meeting, informed others
that all homeowners would have to be offered the house prices that were in
place before the ACC's decision was announced. Emotions ran high as residents
described how much they had invested in their homes, stating that such expenses
could never be compensated. Nevertheless, they expressed their love for their
current lives in Torry. Compounding the situation, flat owners were informed
that the council would not be repairing shared roofs, leaving owners confused
about what course of action to take. Some wondered if they should bear the full
cost of roof repairs, even though the council would benefit. Additionally,
roofs would likely not be covered by insurance since the council would be named
as the owner of the freehold.
Several residents have been in contact with
insurance companies, with some receiving harsh responses such as termination of
insurance within 14 days. Others have been told that no financial support will
be provided, but those with legal cover will have access to legal advice and
support.
A local homeowner employed by the council, who is active in a Facebook chat group, has written to MSPs seeking for the Scottish Government to underwrite insurance claims. This proposal would allow homeowners to conduct annual inspections, and the cost of claims could be spread over time, thus alleviating the financial burden. This solution would be especially beneficial if the local council or charities could fund free inspections for those in financial need.
Mr Chowdhry has submitted a Freedom of Information request to the ACC, seeking information on all communication between the council and either the Scottish Parliament or the UK Government. This is aimed at determining the extent of the council's efforts to support local homeowners. He has also requested a recording of the original conversation he had with a housing officer. Additionally, Ms Chowdhry has requested the promised responses via her MP and MSP who offered this to her.
MP for Aberdeen South, Stephen Flynn, on 22nd February, stated:
"In
that regard, I would be more than happy to write to the Scottish Government’s
Cabinet Secretary for Social Justice, Shirley-Anne Somerville MSP, with your
specific case and to ask that guidance be provided to assist at this time.
Furthermore, I would be more than happy to write to the Chief Executive of Aberdeen City Council, Angela Scott, to ask for her direct attention on the concerns raised in your correspondence, and outline the council’s position on previously owned properties."
MSP for North East Scotland, Liam Kerr, also responded on February 22nd. He explained: that this was primarily a matter for Aberdeen City Council, a fact agreed upon by both Hannah and Mr. Chowdhry. Additionally, he shared that he had submitted several Parliamentary Questions in Holyrood in response to Hannah's email, aiming to ascertain the Scottish Government's stance on the issue. He stated, "I will inform you of the response once received and provide details of its content."
Hannah Chowdhry has already created an online petition and has discovered that Torry residents are not alone, as similar tragedies are being faced by homeowners across Scotland and England. Areas such as Linlithgow, Clackmannanshire, and West Lothian, are also affected. The petition can and should be signed by people anywhere moved by the plight of so many homeowners, and you can add your name by signing (here).
Hannah will be presenting her deputation to
the CHPP Committee on March 28th. She will be seeking a review of the council's
decision and will detail the wholesale desire indicated by every resident that
they do not want to move.
Additionally, Hannah will be adding a request for guaranteed protection for any homeowners who find a way of maintaining their properties, preventing any compulsory purchase order. Clarity would allow residents to know whether any decision to repair other parts of their home is worthwhile—Hannah herself has suspended some repainting. Such a guarantee would provide evidence that this whole decision was not some corrupt practice that destroys lives for fiscal gain.
Hannah Chowdhry expressed her deep distress over the news, emphasizing its significant impact on homeowners who had purchased their homes to secure a stable future. She criticized Aberdeen City Council for attempting to shift blame by using technicalities, labeling their decision as shameful. Hannah highlighted that 'the council is fully aware of their responsibility for the current situation, they failed to disclose the presence of dangerous RAAC in the roofs to purchasers, particularly those who bought homes after the expiration of its declared lifespan.' She underscored the dilemma now facing homeowners: 'either bear the financial burden of costly repairs or live with the imminent risk of a ceiling collapse'.
Wilson Chowdhry raised pertinent questions
regarding the council's liability, including the possibility of prosecution for
selling homes with a latent defect without informing buyers, or for negligence
in failing to fulfill a major duty of care by renovating roofs after the known
substandard material had reached the end of its lifespan. He announced that 'local residents would seek free legal advice from the Citizens Advice Bureau
and would compile their responses to share with the council'. Additionally, he expressed his belief about 'potential vicarious liability extending to homeowners who
purchased the homes from ex-council tenants'. Stating that 'the lack of any Right-to-buy discount made them the most affected by this faux pas'.
Wilson also highlighted disparities in quotes for inspecting privately owned houses, he explained:
"I am concerned that the quote offered
by the council contractor for inspecting privately owned houses was more than
four times higher than a quote discovered by a young schoolteacher. This
leads me to believe that providing grants to homeowners to find more
competitive contractors and implementing an improved tendering process could
enable the current £3 million budget, with just a small additional amount of
funding, to cover the needs of everyone."
He pledged to reach out to key figures beyond local MSPs to seek further assistance for homeowners. Wilson noted that comments from Rishi Sunak suggesting the Scottish Parliament had adequate funds to address the Torry concern (click here) 'may have been made without a full understanding of the crisis, which extends beyond one Scottish council and affects several English councils as well'.
Anyone moved by this account can donate to help these residents via Hannah Chowdhry's crowdfund (here).
Wilson and Hannah will also be organizing a protest outside Aberdeen City Council, at Marischal College, Aberdeen AB10 1AB, on 28th March 2024, starting from 9 AM. Note that Aberdeen Council after stalling Hannah Chowdhry from Speaking at the Urgent Business Committee ratified a proposal to ignore homeowners
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