39B Warwick Avenue, London W9 2PR: LON/00BK/HIN/2018/0011 LON/00BK/HIN/2018/0011
[1]The Applicant, Ms Molara Solanke, made application to the Tribunal seeking to challenge the issue of an Improvement Notice by the City of Westminster (the Council) dated 19th April 2018. The Improvement Notice followed a Hazard Awareness Notice, which had been issued by the Council dated 23rd February 2018. This Notice had been ignored by the Applicant.[2]The Improvement Notice referred to two Category One Hazards and some additional Category Two Hazards, one of which related to the mezzanine level, which was used for sleeping.[3]The Applicant had submitted a statement of case in which she asked us to make an award against the resident tenant, Lina Lui, in respect of the alleged rent arrears said to be over £28,000, or 24 months worth. This is not within our jurisdiction, although we do express extreme surprise that the Applicant has allowed this level of arrears to accrue.[4]The matter was listed for hearing on 7th September 2018 and we are satisfied that the Applicant was aware of this date. Indeed she had indicated she would be attending. The case worker attempted to contact her on three occasions but her phone went to message each time. We waited until 10.30 in the hope that the Applicant would attend, but she did not.[5]Accordingly we considered that there being no contact from the Applicant to explain her non-attendance, and in the light of the attendance of Mr Withams for the Council, that the appropriate course of action was to dismiss the appeal.[6]At the hearing we did discuss with Mr Withams a possible way forward in respect of the mezzanine level. It is for the Applicant to contact the Council in this regard. Unless and until she does and can reach agreement with the Council the Improvement Notice remains in place in its entirety.[7]The suggestion which we put to Mr Withams and which he did not dismiss, is the possibility of lowering a section of the mezzanine level by 0.7 metre to give a head height of 2m immediately adjacent to the head of the stairs. This would seem to be feasible considering the photographs in the Council’s bundle. It will also have the benefit of shortening the length of the steep stairs which afford access to this level. However, this is only a suggestion and something that the Applicant will have to explore with the Council.[8]We also find that the fee of £288 is reasonable and is payable under the provisions of s49 of the Housing Act 2004. It should be settled within 28 days. Andrew Dutton Tribunal Judge Dutton 7th September 2018