Defying Adversity: Aberdeen's Council Missteps and Community Resilience Amidst RAAC Housing Crisis

IMAGE: Hannah Chowdhry purchased her home in August 2023, only to discover by November of the same year that her roof contained RAAC. Having poured all her savings into her home, Hannah faces significant losses if Aberdeen City Council (ACC) fails to acknowledge their responsibility. It's worth noting that, like many younger homeowners, Hannah did not receive any discounts when acquiring her property.

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On February 29, 2024, Aberdeen City Council (ACC) made the critical decision to evacuate 299 council homes in the area, leaving over 140 ex-council homeowners in a dire situation. These homeowners now find themselves facing a precarious predicament, as their properties hold minimal equity and are threatened by potential roof collapse. (Read decision notes here).

Here is the advice for private homeowners shared by ACC (click here)

In response to this pressing crisis, local residents have proactively taken action. They convened a community meeting at the Golden Tee pub and established a dedicated local Facebook page to enhance communication and collaboration. Their collective efforts have culminated in the formation of a new residents association known as the Torry RAAC Campaign Group (TRGC).

To further address the challenges at hand, a community gathering is scheduled for 6 pm on Sunday, March 24, at the White Cockade, with a significant turnout anticipated. The agenda for this gathering includes the ratification of a new constitution and the election of a committee to lead the newly formed residents association. While a provisional committee has been nominated by a steering group, comprising Amie Bruce as Group Secretary, Lynne Winstanley as Treasurer, and Hannah Chowdhry as Chairperson, these positions will be subject to election during the community meeting. Additionally, individuals interested in challenging for a position are encouraged to come forward.

The meeting will also serve as an opportunity for all attendees to collectively consider a litigation strategy. The proposal to be presented at the meeting involves each resident contributing £100 towards a fund, enabling the exploration of two potential courses of action:

1. Pursuing claims related to the sale of properties with latent defects and/or claims of negligence stemming from a failure to conduct regular annual inspections or replace roofs after the 30-year lifespan of the RAAC roof panels. Additionally, seeking recourse for the failure to communicate potential dangers to homebuyers, many of whom, would likely not have purchased these properties had they been aware of the risks.

2. Engaging legal advocacy in the event of council-initiated demolition, to ensure that any compulsory purchase order, if necessary, is equitable for homebuyers. This may also involve negotiating fair terms for any voluntary purchase orders.

Details regarding compulsory orders are indeed vague, particularly concerning property valuations, which seem to be based on the time of declaration of the compulsory order and the immediate value prior to that. For further clarification, please refer to section 4 of the document provided by the Scottish Government here.

In the event that Aberdeen City Council (ACC) plans a road through our area, we could potentially face an even more challenging situation. You can find more information on road projects on the Transport Scotland website here. This possibility arises particularly due to the strong opposition to the road leading through St Fitticks Park under the current SHP Transport link proposal (click here), coupled with the potential pursuit of demolition of council houses by ACC.  

In 1995, a structural performance evaluation of RAAC conducted by the Building Research Establishment (BRE) found that RAAC planks, following inspections of cracked units in school roofs, could not be expected to have a useful life much beyond 30 years. As a result of these findings, RAAC was subsequently removed as an approved construction material in BS8110 (Read page 32 of SCOSS report).

The council's denial of pre-knowledge regarding RAAC or the conditions of some properties contradicts the historical record. As outlined earlier, all UK councils were informed of the dangers associated with RAAC in 1995. Furthermore, council tenants had to wage battles to have repairs made to their properties in the 1990s before the right-to-buy purchases commenced. This suggests that Aberdeen City Council was aware of the defects before selling properties to unsuspecting buyers.

Given these complexities, it would be advisable for a solicitor to review the situation thoroughly. They can provide the necessary legal expertise to navigate through these intricacies and ensure that the rights and interests of residents are protected.

Archived newspaper clippings from the 1990s, warning of building defects before properties were sold, raises significant questions. While these articles may not have explicitly mentioned RAAC, it's perplexing that Aberdeen City Council (ACC), given their involvement in constructing the properties and conducting inspections at the time of the article, was not aware of this information. This suggests a failure on the part of ACC to adequately communicate crucial information to unsuspecting buyers. Such oversight underscores the need for transparency and accountability in the handling of property transactions to ensure the well-being and rights of buyers are safeguarded.

A protest has been scheduled for 9 am on March 28th outside Aberdeen City Council HQ at Marischal College, AB10 1AB. Following the protest, at 10 am on the same day, Hannah will deliver a deputation to a Communities, Housing, and Public Protection Committee. We urge all those able to attend to join us in this visible and vocal demonstration of our opposition to Aberdeen City Council's unjust and misguided decision, which has placed local homeowners in a precarious situation.

Additionally, a Topical Questions Committee session was convened at the Scottish Parliament on March 1st. For further details, please refer to the video below:

During the meeting, a response from the Social Justice Secretary Shirley-Anne Summer to a question raised by Michael Mara MSP suggests that the Scottish Government had previously committed to providing a fund for the RAAC crisis but has failed to fulfill this obligation. Furthermore, the SNP Government minister clarified that there isn't an immediate necessity for evacuation, which is why not all homes are being evacuated. One potential solution to our crisis could involve triggering a budget allocation through the Scottish Government to cover the replacement of roofs. Local councillors and council officers highlighted this proposition to Hannah Chowdhry before the announcement following the Urgent Business Meeting (UBM).  Read more on the Topical Questions meeting (here).

Currently, there are several crucial documents that everyone should familiarize themselves with to grasp our current situation. Chief among them is the 90-page report submitted by Fairhurst Surveyors to Aberdeen City Council for their pivotal Urgent Business Meeting on February 29th, 2024. This report can be accessed (here).

Residents have raised concerns that there may be hidden agendas behind the decision to pursue demolition, especially considering the existence of several viable alternatives to address the RAAC issue. This suspicion has been previously discussed (see here). To provide further insight, I will present an excerpt from the Fairhurst report, which was graciously shared by Ricky Burgess on Facebook:

The Fairhurst report clearly indicates that the 'Planned Decant' is listed as the most disruptive option. While the report doesn't explicitly state that demolition and reconstruction of new properties would be the most expensive option, it's evident that securing funds for demolition, ensuring safety, and then proceeding with reconstruction would entail significant costs. In contrast, the temporary removal option would have allowed for complete replacement at a lower cost, resulting in a more favorable outcome.

Residents have voiced concerns that factors beyond pure necessity may be influencing the decision-making process of our local authority. One plausible motive could be to capitalize on local investment opportunities. The demolition of our homes and subsequent development of new properties would likely contribute to the ongoing investment momentum surrounding major projects such as the £420 million South Harbour Project Expansion (click here), SHP Transport links plan (click here), the Environmental Transition Zone (click here), and the Aberdeen Investment area grant of £80 million (click here). It's apparent that with so much proposed development in the area, outdated housing structures like the chicken shed houses have become viewed as unaesthetic hindrances to progress. It's conceivable that local authorities may have prioritized the interests of influential stakeholders over the well-being of residents in Balnagask.  You can watch a promotional video for the ETZ here:

Discussing the Environmental Transition Zone (ETZ) project, a recent article shed light on the community's strong opposition to the potential loss of green spaces in the Torry area (click here). It's indeed thought-provoking to consider how much easier it would be to disregard these concerns and sacrifice green areas or relocate proposals to a demolition site once local residents have been displaced.

Despite the understandable feelings of defeat among some residents, the TRCG urges everyone to remain resilient throughout this process. We are maintaining a high level of media interest, and our campaign continues to garner visibility. Our petition has now garnered 498 signatures, including many from across the country and internationally. Through our petition, we have also brought similar concerns raised in Linlithgow, West Lothian, and Clackmannanshire to the attention of media groups.

We encourage you to share our petition widely with your friends and contacts. Our support base need not be limited to local residents; anyone, anywhere with a sense of conscience is welcome to lend their support.

While some may believe that pursuing a compulsory purchase order would be the most favorable outcome, this is not necessarily the case. The Scottish Parliament has committed to establishing a fund to address the RAAC crisis, and it's imperative that we ensure homebuyers are included in this process. It's important to recognize that no council in the country will be permitted to go bankrupt. We must convince our local councillors and council officers to accept liability regardless of the cost. This action would trigger the necessary budget allocation from the Scottish Government, which may, if necessary, involve referral back to the UK Parliament and compel Rishi Sunak to make the right decision, despite any initial statements to the contrary (click here).

Finally, everyone must understand that their houses are likely safe. The council has not implemented immediate evacuations for tenants or homeowners, which would occur if there was a significant risk of collapse. It's important to highlight that some NHS hospitals have chosen to retain RAAC panels, implementing regular inspections and addressing defects as needed. These hospitals serve thousands of people, and their buildings have been declared safe despite the presence of RAAC panels. This underscores the fact that, with proper maintenance and oversight, buildings containing RAAC can indeed be considered safe for occupancy.  Experts have similarly agreed on a similar approach, indicating that RAAC will likely remain a part of many of our lives.

It's crucial not to let unnecessary fear overwhelm us. While we cannot provide an absolute guarantee of the safety of every roof, it's important to recognize that there are hundreds of thousands of properties across the UK with RAAC, and collapses are exceedingly rare - less than 1%.

Wilson Chowdhry, said: 

"On a personal level, I've advised my daughter Hannah to exercise patience and wait for the council's decision over the next six months before proceeding with any further work or inspections on her house."

"During this period, my objective is to obtain an acknowledgment of responsibility from Aberdeen City Council or to gain a clearer understanding of our available options. 

"I cannot express enough the significance of seriously considering the initiation of a collective litigation process.

"We find ourselves in an immensely dire financial predicament due to the actions of a council that has shown a blatant disregard for the value of the properties they sold, effectively reducing their equity to zero due to latent defects.

"This situation reeks of sheer greed, and the entire debacle appears to be steeped in corruption."

We list below some of  the media coverage our campaign has gathered:

https://www.pressandjournal.co.uk/fp/news/aberdeen-aberdeenshire/6279115/raac-student-torry/

https://news.stv.tv/north/resident-in-shock-after-being-forced-to-evacuate-from-home-in-aberdeen-after-raac-concrete-found

https://www.scottishhousingnews.com/articles/petition-calls-for-concrete-solution-for-torry-raac-problem

https://inews.co.uk/news/housing/forced-out-homes-raac-concrete-nightmare-2951856

https://www.pakistanchristianpost.com/head-line-news-details/7940

https://www.pressandjournal.co.uk/fp/news/aberdeen-aberdeenshire/6390956/torry-raac-protest-council/

https://www.pressreader.com/uk/the-press-and-journal-aberdeen-and-aberdeenshire/20231211/281621015118173

https://news.stv.tv/north/aberdeen-community-facing-housing-crisis-as-around-500-homes-built-using-flawed-concrete-raac

https://www.bbc.co.uk/news/uk-scotland-north-east-orkney-shetland-68477200

https://www.pressandjournal.co.uk/fp/politics/scottish-politics/6393412/torry-raac-insurance-mortgages/

https://news.stv.tv/north/council-faces-difficult-decisions-with-no-extra-funding-amid-raac-crisis

https://www.scottishconstructionnow.com/articles/raac-affected-properties-in-aberdeen-could-be-demolished

https://www.concreteconnect.co.uk/news/hundreds-to-be-rehomed-over-raac-fears

https://planetradio.co.uk/northsound/local/news/raac-aberdeen-city-council-torry-balnagask-residents-rehomed/

https://www.scotsman.com/news/politics/raac-concrete-scotland-discovery-of-raac-in-housing-could-be-beginning-of-national-scandal-4540078

Unveiling Ulterior Motives: Torry's Resilient Stand for Home and Community Amid Council Decisions

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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 BBC TV interview above, a spokesperson from the Citizens Advice Bureau mentioned that until permanent housing is found, any residents relocated by the council will be placed in temporary accommodation. Mr. Chowdhry expressed concern about the significant burden this would place on the taxpayer. He highlighted that a demolition and rebuild program would be extremely time-consuming, whereas roof repairs could potentially mitigate this issue, resulting in a quicker resolution and reducing the costly expense of temporary housing. Besides ACC is already burdened with high costs for homeless support (click 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.  Several residents will be writing to the Insurance Ombudsman and submitting complaints. However, with so many applicants, there is a fear that any result may come too little, too late.

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

PLEASE SIGN OUR PETITION (CLICK HERE)

Cracks in the Foundation: Unveiling the RAAC Dilemma - The Battle for Homeowners' Rights

Hannah Chowdhry outside her home.

Nineteen-year-old law student Hannah Chowdhry, presently enrolled at Aberdeen University, made the significant investment of purchasing a former council house in Torry, Aberdeen, back in June 2023.

However, just a few months thereafter, in November 2023, Aberdeen City Council issued a notification to her, highlighting a critical concern: the roof of her property was constructed with substandard concrete, posing an imminent risk of collapse.  Read more (here)

During a public assembly, the council announced that all current council tenants would undergo roof inspections, with homeowners being tasked with assessing the stability of RAAC within their own properties.

At both the initial gathering and a subsequent one, Aberdeen City Council emphasized that homeowners would not receive any assistance, thereby absolving themselves of accountability for the imprudent use of Reinforced Autoclaved Aerated Concrete (RAAC).

Despite this stance, Hannah Chowdhry and her father, Wilson Chowdhry, persist in their campaign, urging ACC to acknowledge responsibility for the disastrous decision to employ RAAC, a measure ostensibly aimed at cost reduction but which has left unsuspecting homeowners saddled with tens of thousands of pounds in financial burdens.

Please consider signing Hannah Chowdhry's petition, urging both the UK and Scottish governments to take action in supporting homeowners who have purchased ex-Council homes across the UK and are now facing the discovery that their properties are affected by RAAC. (Clickhere to sign)

After receiving a letter from Aberdeen City Council in November 2023, young law student Hannah Chowdhry was shocked to learn that her recently purchased home, bought from a former Council tenant, was at risk of a roof collapse due to the presence of Reinforced Autoclaved Aerated Concrete (RAAC).

This unsettling news arrived just three months after she had invested all her savings to move to Aberdeen, a city she hoped to call home for the foreseeable future.

Juggling her busy life, which involved working as a security officer to support herself while pursuing her studies, Hannah couldn't attend a public meeting held in December where Aberdeen City outlined plans to address the danger posed by the hazardous material and the support to be provided to homeowners.

Shortly after this meeting, Aberdeen City Council, through the letter, announced that council tenants would receive full support, while homeowners would be left to fend for themselves. They explicitly stated that absolutely no assistance would be extended to homeowners, despite their ongoing investigations into the state of RAAC in the council-owned properties.

To compound Hannah's frustration, the council provided a link to potential surveyors registered with The Royal Institute of Chartered Surveyors (RICS) who could conduct inspections without any anticipated costs. Realizing the daunting task of locating and commissioning an investigation into the stability of the RAAC on her roof, she turned to her father, Wilson Chowdhry, for assistance.

Mr. Chowdhry, equally distressed by the unfortunate news received by his daughter, promptly began contacting qualified surveyors using the internet portal on the RCIS website to locate those in the vicinity of Hannah's home. Within minutes, he realized the enormity of the predicament as call after call resulted in a recurring pattern: contractors either stated they did not provide RAAC inspections or that they exclusively handled larger projects, not individual homes.  Mr Chowdhry contacted Aberdeen City Council seven times to express this difficulty, hoping that they might consider developing a group-buy scheme that would allow an economy-of-scale discount. The council did not respond to emails or calls when messages were left.   Frustrated by the situation, Mr. Chowdhry and Hannah turned to local media for assistance.  Read STV article (here) or Scottish Housing News article (here)

An article featured in the Aberdeen press and Jornal (click here) not only highlighted the distressing challenge of finding a suitable surveyor but also questioned the Council's decision to withhold assistance to homeowners. In the article, Hannah emphasized that it was Aberdeen City Council's cost-saving decision that led to the construction of properties with inferior, cheaper materials, now posing potential health risks to residents. She described how their negligence had left homeowners, whom they had thrust these properties upon, unaware of the fact that the RAAC material in their roofs was a ticking time bomb, carrying serious financial costs.

 Hannah argued that Aberdeen City Council should take responsibility for a situation they had caused due to negligence, by failing to replace the roofs when the purported 30-year shelf life had expired, or when they discovered in 1996 that RAAC was dangerous and councils across the UK had ceased its use in civil authority building projects. She also questioned why details of the RAAC were not disclosed to council tenants who originally purchased these houses from the Council, especially since most of these sales occurred after 1996 when councils were aware of the concern.

After receiving no response to their concerns, Mr. Chowdhry contacted Aberdeen City Council by telephone and threatened to file a complaint on 2nd February 2024. This time, the council took the inquiry more seriously and called back, confirming the content of their conversation in a subsequent email.

The council acknowledged that they would not be held responsible for any costs associated with RAAC repairs to homeowners' properties. However, they informed Mr. Chowdhry that they had reached out to both the Scottish Government and UK Government for advice and support. They expressed hope that any assistance provided would enable them to cover the costs for their tenanted properties and, if feasible, extend aid to ex-council properties as well.

Furthermore, the officer explained that Fairhurst and Partners, the surveyors inspecting their tenanted properties, would be willing to inspect the homes of those who owned ex-council properties. Mr. Chowdhry was advised to hold off on conducting any inspections until the council had finalized the outcome of their clarification regarding the national government's role in minimizing the impact for those affected. On 2nd February 2024, the council officer working within the Housing Team, wrote:

"...I confirmed that ACC had been working with Fairhurst and Partners to carry out independent surveys on our housing stock and that they had now indicated to one of our Building Services team that they would be willing to carry out domestic surveys for this purpose.

I confirmed that we were continuing to carry out surveys to establish the presence and/or extent of RAAC in our properties and to understand the condition of the building material therein.  Of the surveys conducted to date RAAC has been found in the roofing panels, however we are continuing to work with our surveyors to understand the future implications, if any, of this being present.

You wished to understand if ACC would offer any package of support for individual home owners who found themselves in financial difficulties due to the presence of RAAC in their homes.  I explained that at this point in time we are working to formulate a plan around what may be required for both tenants and owners of these properties, by undertaking a full risk assessment and appraisal of options.  This will allow us to determine what, if any, work is required and related projected costs, and to identify what funding may be available both for ACC and any other affected parties.  Unfortunately, at this point in time, we cannot confirm ACC directly will be in a position to support private owners.  As you know, however, this is a situation which has impacted on many local authorities and therefore we are also seeking guidance from local and national government as to their role in minimising the impact for those affected..."

Of course, knowing that Aberdeen City Council were willing to at least explore sourcing funding to assist homeowners uplifted both Hannah and Mr. Chowdhry. However, when Mr. Chowdhry contacted Fairhurst and Partners for a quote, he was informed that the cost of an inspection, described as accessing the internal area of a roof, shining a torch, and searching for any damage or imperfections, would amount to approximately £500. Moreover, if any defects were found, the cost of a more comprehensive inspection, including a more intrusive investigation to increase accessible roof area, would amount to an additional £1500. This, of course, does not include later reinstatement costs. This meant that homeowners could potentially face costs totaling around £2000+, which could escalate to tens of thousands of pounds if the RAAC had deteriorated to a point necessitating immediate extensive roof repairs. While this news dampened Mr. Chowdhry's enthusiasm, he and Hannah remain hopeful, especially since the council officer Mr. Chowdhry had spoken to assured him that most inspected roofs were still stable.

Mr. Chowdhry, at this point, contacted all three local councilors on 6th February, and was pleasantly surprised by the prompt response from Cllr Michael Kusznir, who wrote:

"...The Council has held face-to-face meetings for affected tenants and homeowners to explain the support the Council can provide. Meetings are also ongoing between the Council and the Scottish administration about the larger scale support that may be required, depending on the outcome of the testing. I have asked the lead Officer about this. The financial reality is that I strongly doubt the Council would be able to fund any financial support package by itself. That would need national funding as we have seen with cladding. You will also appreciate that the Council is primarily legally responsible with looking after its public assets and is not funding works on private properties..."

"...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..."

It became clear that if any funding was to be offered for homeowner properties, it would be dependent on national funding. Cllr Michael Kusznir also expressed his belief that the council had acted appropriately in their handling of procedures related to the use of RAAC in council house developments.

In response, Mr. Chowdhry sent a further email seeking clarification on whether, when the council properties were originally sold through the right-to-buy scheme, purchasers were adequately informed about the presence of RAAC within the structures and any associated concerns, including the limitations on lifespan. He explained that several accounts suggested that RAAC panels were accompanied by a warranty of a 30-year lifespan. Given this timeframe, one would reasonably expect that Aberdeen City Council's Housing Department was cognizant of the impending expiration of these panels. Mr. Chowdhry questioned why proactive measures were not taken to address this issue post-expiry. Additionally, he once again sought assistance with a collective procurement initiative.

Though no effort was made to answer these questions Mr Kusznir doubled down on the need for National funding if any consideration would be made for RAAC support for homeowners.  He further wrote:

"As I said, I do not consider that the Council can do anything more broadly presently until there is clarity on whether further funding will be forthcoming from the Scottish administration. Discussions are ongoing with the Scottish administration but that is not going to be a quick result."

On 8th February, Hannah Chowdhry sought help from a university lecturer teaching property law, he wrote:

"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 they 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". 

On the 19th of February 2024, Hannah requested a deputation to a Full Council Meeting to be held in March, hoping to get the council's view on any negligence or latent defect regarding the RAAC issue.  However, this request was declined on 20th February because the matter was not the subject of a report on the agenda, which was a necessary proviso.. Hannah then decided to contact her MSPs, all her local Councillors, and her UK Parliamentarian on 21st February 2024. Mr Kusznir responded promptly once more, providing her with an update on the ongoing efforts behind the scenes. He wrote:

"...I said that Aberdeen City Council, without financial assistance from the Scottish administration, are unlikely to be able to fund further support for private homeowners. The costs associated with funding further assistance are substantial. Given the financial pressures felt by Aberdeen City Council (we are looking at raising fees and charges and/or cutting services to have a balanced Budget again this year), I am unconvinced this support can be provided within our standard Budget without further financial assistance from central government. 

I have asked MSP colleagues to table Parliamentary Questions about the Scottish administration's position and also asked Council Officers for an update on their investigatory work and discussions with the Scottish administration."

The response was much the same as received by her father and provided a glimmer of hope, indicating that the matter was being taken seriously. However, it still seemed to suggest that Aberdeen City Council was not fully accepting responsibility for the use of substandard building materials in their constructions and was relying on funding from the Scottish Government.

MSP for North East Scotland, Douglas Lumsden wrote:

"Your councillor Michael Kusznir has raised this issue on your behalf with me and Liam Kerr MSP.
You should know that Liam plans to raise the issue to the Scottish Parliament. This is a matter for the Scottish government, and we will seek support for Aberdeen City Council to carry out its RAAC replacement works.

Cllr Simon Watson queried what the 30-year warranty for the RAAC had stated, which Hannah could not provide, and asked what her insurance company had said regarding compensation. Hannah explained that she did not have copies of that warranty but that it was mentioned in several established media articles. She also explained that every homeowner who had sought clarity from their insurance companies had been informed that RAAC claims would not be supported. He had said he would look into how he could help. Hannah is still awaiting a further response.

MP for Aberdeen South, Stephen Flynn, responded on 22nd February, reassuring Hannah that the matter was being examined by all tiers of government. He wrote:

"I am sorry to read of the situation that you and other homeowners are experiencing due to the presence of Reinforced Autoclaved Aerated Concrete (RAAC) in your homes. I certainly appreciate your concerns and hope to be of assistance in that regard.

This is a matter that the Scottish Government takes very seriously, and both the government and its public sector partners are currently taking urgent action to address the risk that RAAC poses where found to be present in buildings."

Mr. Flynn offered to seek guidance from appropriate persons, stating:

"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 is 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."

He asked Hannah to seek further help from a solicitor or Citizens Advice Bureau, and she agreed to approach them, which she will do next week. She awaits an update from Mr Flynn.

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."

This email was well-received, and Hannah is eagerly anticipating a response to those parliamentary questions.

On 28th February, Mr. Chowdhry called Aberdeen City Council seeking details of any appropriate meeting where Hannah could request a deputation. He received a callback confirming that Hannah could make a request to an Urgent Business Committee for 29th February 2024. The request was submitted, however, at 9:30 am the following morning (29th Feb), Hannah was asked if she would be willing to withdraw it. Instead, she was requested to prepare her deputation for the upcoming meeting of the Communities, Housing, and Public Protection Committee on 28th March 2024. Hannah has agreed to this arrangement, as it will allow her to better understand the council's intentions and align her deputation accordingly. She intends to do so after reviewing the notes for the RAAC agenda item.

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.

In the meantime, Mr. Chowdhry has also sent a request for an investigation into the RAAC dilemma to the Scottish Housing Regulator and will be writing to the Scottish Public Services Ombudsman as well.

Please consider signing Hannah Chowdhry's petition, urging both the UK and Scottish governments to take action in supporting homeowners who have purchased ex-Council homes across the UK and are now facing the discovery that their properties are affected by RAAC. (Click here to sign)

A copy of hannah's proposed deputation can be read below:

Ladies and gentlemen of  Aberdeen City Council,

I stand before you today not just as a law student at Aberdeen University but as a young homeowner, a citizen of this city, and someone deeply concerned about the welfare and safety of our community. My name is Hannah Chowdhry, and I'm here to shed light on a pressing issue that affects not just me, but countless other homeowners in Aberdeen and beyond.

In June 2023, I made what I believed to be a significant investment – purchasing a former council house in Torry, Aberdeen. Little did I know that just a few months later, in November 2023, I would receive a letter from Aberdeen City Council, informing me of a critical concern: the roof of my property was constructed with substandard concrete, posing an imminent risk of collapse due to Reinforced Autoclaved Aerated Concrete (RAAC).

The council's response to this crisis has been disappointing, to say the least. While they have taken steps to inspect council-owned properties, they have absolved themselves of any responsibility towards homeowners like myself, leaving us to fend for ourselves in a situation that was caused by their negligence. They have refused to provide any financial assistance or support, despite being aware of the dangers posed by RAAC since 1996.

My father, Wilson Chowdhry, and I have tirelessly sought solutions, reaching out to the council multiple times for assistance, only to be met with silence or vague promises of potential support pending discussions with the Scottish government. The burden placed on homeowners to foot the bill for inspections and potential repairs is unjust and unsustainable, particularly for young individuals like me who have invested their savings into their homes.

We have explored every avenue available to us, from contacting local media to seeking legal advice, yet the roadblocks remain. Even our request for a deputation to this esteemed council at a full council meeting was denied on the grounds of procedural technicalities.

But despite the setbacks, we refuse to remain silent. We refuse to accept that homeowners like myself should bear the brunt of the consequences of the council's past mistakes. We demand accountability, transparency, and, most importantly, action.

I urge each and every one of you to deeply consider the human toll of this issue. Behind every statistic and every budgetary constraint lies a family, a home, and a future hanging in the balance. We simply cannot allow bureaucratic red tape and political wrangling to hinder us from taking decisive action and doing what is morally right. This urgency is compounded by the looming threat of roof collapses, reminiscent of the tragic incidents at Halls of Residence. Lives are at stake, and struggling families are already grappling to make ends meet, let alone bear the burden of tens of thousands in expenses to ensure their safety.

Therefore, I call upon the Aberdeen City Council to:

1.     Acknowledge their responsibility for the use of substandard building materials in council properties and the subsequent risks posed to homeowners due to the failure to address the situation upon the expiration of the 30-year lifespan of RAAC panels.

2.     Provide immediate financial assistance and support to homeowners affected by RAAC, including funding for inspections and potential repairs.

3.     Work collaboratively with the Scottish government to secure the necessary funding and resources to address this crisis effectively.

4.     Conduct a thorough investigation into the circumstances surrounding the use of RAAC in council properties and the failure to disclose pertinent information to homeowners.

5.     Implement proactive measures to ensure the safety and well-being of all residents, both current and future, by prioritizing the replacement of RAAC in affected properties.

In closing, I urge you to remember that behind every policy decision and every budgetary allocation, there are real people whose lives are profoundly impacted. If you turn a blind eye to their struggles or shirk your responsibilities as elected officials, then how can you be entrusted with the welfare of our community.

Thank you for your time and consideration. I hope that what you take from my address today is the need to ensure that every homeowner in Aberdeen can feel safe and secure in their own homes, free from the looming threat of RAAC.

Residents of Torry, Aberdeen Face Housing Crisis Amidst RAAC Safety Concerns

PLEASE JOIN OUR 'UK RAAC CAMPAIGN GROUP' FB PAGE

Date: February 3, 2024

Torry, Aberdeen - Residents of Torry, Aberdeen were taken by surprise upon receiving a letter from Aberdeen City Council in November 2023, revealing that their homes were constructed with Reinforced Autoclaved Aerated Concrete (RAAC) in the roofs. This revelation has raised serious safety concerns, as RAAC is now recognized as a substandard building material, putting thousands of houses at risk of potential collapse.

Please sign RAAC petition (here)

Approximately 500 homes in the Balnagask area of Torry are believed to be affected, with fears mounting about the structural integrity of these buildings. While Aberdeen City Council has clarified that other properties under their ownership, totaling 23,000 homes, remain unaffected, the gravity of the situation in Torry has left residents anxious and uncertain about the future of their homes.

In a recent letter addressed to council tenants and homeowners (including those who purchased ex-council properties), the city council outlined plans for inspection surveys within council properties. However, property owners were advised to arrange and bear the costs of their own surveys, with little to no support offered by the council.

One concerned homeowner, 19-year-old Hannah Chowdhry, shared her worries about the situation, expressing concerns about the potential chaos and financial burden. She highlighted the lack of response from Aberdeen City Council to her queries and emphasized the impact this revelation could have on her investment in her first home and fears of her roof collapsing while she was present in her home (click here).

In response to the crisis, her father Mr. Wilson Chowdhry, inquiring about inspection costs, contacted Fairhurst and Partners a contractor currently providing services to Aberdeen City Council  The estimated cost for a preliminary cursory inspection alone was staggering at £500, with potential expenses reaching up to £2000, excluding any repair costs that might follow.

Despite the alarming situation, Aberdeen City Council has stated that they won't be providing financial support to homeowners for their costs. Instead, they are exploring options with external bodies, including the national government, in the hope of determining a comprehensive plan for addressing the crisis. The priority will be to cover costs for their own council homes but they hope it will extend to private homeowners. 

RAAC gained national attention in recent years, particularly after a primary school building in Gravesend, Kent, collapsed in 2018, leading to multiple school closures across the UK (click here). The concrete material, used as a cheaper alternative in construction between the 1950s and 1990s, is known for its brittleness and susceptibility to moisture absorption, putting buildings at risk of deterioration.

Aberdeen City Council assures residents that a full risk assessment is underway, and they are actively seeking guidance from local and national government to minimize the impact on affected parties. An officer wrote to Mr. Chowdhry, stating, "... at this point in time, we are working to formulate a plan around what may be required for both tenants and owners of these properties, by undertaking a full risk assessment and appraisal of options. This will allow us to determine what, if any, work is required and the related projected costs.Unfortunately, at this point in time, we cannot confirm ACC directly will be in a position to support private owners."

The situation echoes a nationwide concern, emphasizing the need for coordinated efforts to address the challenges posed by RAAC in buildings across the country. 

Wilson Chowdhry expressed his dissatisfaction, stating, "It is unacceptable that Aberdeen City Council is disavowing responsibility for homes constructed on a budget, now revealed to be structurally substandard.

"For every penny they saved, unsuspecting buyers of these properties are now burdened with thousands of pounds in expenses.

"My 19-year-old daughter, who diligently saved for her first home, is now confronted with a severe financial predicament due to the callous cost-cutting measures adopted by ACC.

"I am aware of numerous older homeowners grappling with the dilemma of either straining their finances for inspections and repairs or risking a potential roof collapse by taking no action."

"This is a tragic example of how inefficient and insouciant Aberdeen Council is, they have exhibited a dereliction of duty by transferring the danger they created."

Hannah Chowdhry, has created a petition seeking support from the Scottish devolved Parliament and UK Parliament, you can sign it (here)

 

Landord awarded £900 compensation by industry Ombudsman as Ilford agent cited for failings with 'rent Guarantee' scheme.

 

An Essex-based Landlord has won a £900 compensation award against an Ilford Estate Agent for several failings in their conduct during a Rent Guarantee Scheme on four residential properties.

Industry Ombudsman The Property Ombudsman (TPO) cited several failings including; 

• informing the landlord that a termination notice that was valid was invalid, 
• failure to promptly provide rent renewal figures
• failure to promptly respond to emails
• failure to give notice to occupiers of property
• failure to pay rent promptly on time and missed monthly payments on may occasions.
• Attempts to renege on an agreement
• Seeking to unilaterally change a contract and failure to allow exit without penalty.
• There were also several failings regarding building repairs.

A full copy of the TPO report can be read (here)  

An article in the Negotiator Magazine can be read (here)

On 30th March 2023, after near 7 months of investigation The Property Ombudsman awarded Wilson Chowdhry, a compensatory sum of £900 after identifying several shortcomings in the business conduct of Anisten Homes (listed as Anistenhomes by TPO), who are based at 369 Green Lane, Seven Kings, Essex IG3 9TQ.

In the report a number of concerns were set out, including a system error which results in four whole months of rent not being paid, in September 2019, when Anisten Homes paid Mr Chowdhry four months rent in advance.  When paying the advance rent, Anisten Homes failed to pay the last months rent in arrears for four of Mr Chowdhry's properties. It then took him a further two months to receive these payments as Anisten Homes initially rejected his appeals, later accepting that a system fault has resulted in these payments having been missed.  Mr Chowdhry, said:

"Though TPO could not investigate this matter due to the length of time that had passed an officer at TPO was concerned about the system fault.

"This fault potentially means that 100's of other landlords on their books may also have had missing arrears payments - this could amount to an extremely large amount of money owed to unsuspecting landlords.

"I hope this report will trigger more landlords subscribed to their service to contact them, if they have similar concerns.

"The situation is extremely dubious as before I left their office in September 2019, I had specifically informed their contracts manager not to miss these payments.

"the whole situation seems contrived."

He added:

"Anisten homes have also identified a further 5 missed monthly payments amounting to over £5000.

"I only manged to get a review of missed payments after the TPO began investigating and have an ongoing complaint filed against Anisten Homes with the Information Commissioners Office.

"I regularly told Anisten Homes that letters stating they had paid  my rent did not tally with my accounts and that I was paying income tax on rent not received."

A dispute arose when Mr Chowdhry, attempted to terminate his Rent Guarantee contracts with Anisten Homes by September 2022. They refused to accept his notice, they say this was due to confusion and the TPO have initially accepted this.  However, Mr Chowdhry will be submitting an appeal and hopes to have this ruling overturned.  Lucy Buckle the TPO Adjudicator for this case, wrote;

" I am critical of Anistenhomes for failing to contact the Complainant approximately three months before the expiry of the rent guarantee agreements (i.e. in June 2022) to obtain his instructions about how to proceed, given the previous mentions of termination..."

TPO has however, castigated Anisten homes for failing to accept a further termination notice submitted in August 2022. 

"It is my view that Anistenhomes should have accepted a notice to terminate the contracts after the expiry of the fixed term of 36 months in September 2022 at any time after the agreements commenced up until the date that the fixed terms expired. 

"I appreciate that Anistenhomes were restricted by the dates of the sub tenants’ tenancy agreements, but I would have expected the agent to have ensured that these tenancy agreements became periodic from September 2022 (i.e. by not entering the sub-tenants into a new fixed term tenancy agreement which expired after September 2022) unless they had the Complainant’s explicit instruction to renew the rent guarantee agreements."

Throughout the course of the contract with Anisten Homes, payments were made late without reason, and during the COVID-19 pandemic, this resulted in attempts by Anisten Homes unilaterally making changes to an agreed contract, declining Mr Chowdhry's request to terminate without penalty. TPO have upheld Mr Chowdhry's complaint regarding this matter.  In her report Ms Buckle, wrote:

"The agreements for all four properties clearly set out in clause 2.1 that the rent was guaranteed during the period of the contract, but that after expiry of the agreement rent received from the sub-tenant would be paid only as collected by the agent. 

"There was no provision in any of the agreements to allow Anistenhomes to vary the terms where a global pandemic or other force majeure has arisen, and therefore I am critical of the agent’s decision to take this course of action."

Ms Buckle also wrote:

"I have also identified some shortcomings in Anistenhomes’ service and communication after the Complainant contacted them to complain that rent payments had not been made. 

"It appears that Anistenhomes failed to call back the Complainant on 24 March 2021 as agreed, did not provide the Complainant with an explanation for the delays in transferring rent payments by 10 August 2021 in line with their assurance, and incorrectly informed the Complainant on 27 April 2021 that the rent for 57b Green Lane was up to date when the payment for February 2021 was outstanding."

Mr Chowdhry, has stated that in emails he queried the autarchic demand to amend contractual terms mid-contract. He demanded in return copies of rent guarantee insurances that should have been in place but never received them.  He also states that he had demanded immediate termination of the contracts without penalty and that this was refused by Anisten Homes, a fact that was accepted by TPO in their report.

Mr Chowdhry, also raised several complaints with Anisten Homes regarding building works and  time where he felt that occupiers of the property, were not acting with appropriate tenant-like behaviour. The TPO could not investigate all these matters due to timescales and a belief that Anisten Homes were not entirely responsible for the tenants behaviour and the affect this had on the ground floor of the property below a residential flat.  Mr Chowdhry, will be submitting an appeal against some of the decision, though some compensation has been awarded for other building repair failures.

Mr Chowdhry said:

"I am appealing against the decision by TPO, who have in their report found in my favour in almost every aspect of my complaint.  

"I am concerned that the figures of compensation do not relate to the losses I have incurred, nor do they take into account for what I assert are 'illicit gains by Anisten Homes.'

"I'm also disturbed that the adjudicator has erroneously written that two renewal contracts I felt coerced to sign, were back-dated to October when they were actually back-dated to November.

"It was left for TPO to make a decision on that and they have failed - though it seems they are in favour of my position.

"I will be submitting further evidence and am hopeful of am improved offer."

Below is the full conclusion of the TPO report:

CONCLUSION AND PROPOSED DECISION 

It is my understanding that the Complainant is seeking financial compensation in settlement of his complaint. I have identified shortcomings in Anistenhomes’ provision of service. In particular, I have found that: 

Termination and Obtaining Possession 

• Anistenhomes failed to contact the Complainant around three months before the expiry of the fixed term agreements to establish how he wanted to proceed; 
• Anistenhomes acted inappropriately by initially informing the Complainant that his notice of 3 August 2022 was invalid; 
• Anistenhomes did not promptly provide rent renewal figures to the Complainant and did not respond promptly respond to some of his emails; 
• Anistenhomes initially failed to act on the Complainant’s instructions to give notice to the occupiers of 28 Gordon Road and 71 Sunnyside Road and did not update the Complainant when he requested information about the delays; 
• Anistenhomes sought to renege on their agreement to honour the rent guarantee terms until the sub-tenants vacated; Delayed and Missing Payments 
• Anistenhomes failed to pay rent promptly to the Complainant on multiple occasions;
•  Anistenhomes sought to unilaterally change the terms of their contract with the Complainant to remove the rent guarantee aspect without seeking his agreement to this change or allowing him the opportunity to exit the contracts without penalty as a result of the changes to these terms;

Repairs and Maintenance 

• Anistenhomes did not follow up with the Complainant in line with their assurance after he complained that the ceiling of the commercial premises had not been repaired in July 2022; and 23 
• Anistenhomes were unreasonable in asking the Complainant to forward an email copy of the invoice they had already received via WhatsApp. 

It is my view that the shortcomings I have identified have caused the Complainant avoidable aggravation and inconvenience and therefore that an award of compensation is merited. When proposing a fair and reasonable level of award, I have taken into account that the impact on the Complainant is limited somewhat insofar as a degree of aggravation, inconvenience and stress is inherent to the process of letting properties. 

I appreciate that the Complainant feels aggrieved about the damage to the commercial premises but remind him that Anistenhomes cannot fairly be held accountable for the actions of the sub-tenants they chose to occupy the properties. I have also taken into account that while Anistenhomes did not act in accordance with best practice after the Complainant sought to give notice to terminate the rent guarantee agreements, his instructions were at times unclear as he was considering renegotiating an agreement with the agent. I am also mindful that the amount of correspondence between the parties likely impacted Anistenhomes’ ability to keep track of instructions and the management of the properties. 

There are a significant number of emails between the parties and most of these were instigated by the Complainant – there are occasions where he sent multiple emails to the agent on the same day and was having numerous protracted email conversations with different members of staff. Accordingly, 

I propose an award of £900 compensation to reflect the aggravation and inconvenience caused by the shortcomings identified in Anistenhomes’ service. This is in full and final settlement of the dispute.