First-tier Tribunal (Property Chamber) judgments from 2014
12 judgments from the First-tier Tribunal (Property Chamber) in 2014.
- Land on the West side of Gipsy Lane, Water Orton which is registered at HM Land Registry under title number WK270738 Claimant : CORNERSTONE TELECOMMUNICATIONS (Operator) INFRASTRUCTURE LIMITEDLC – 2023-000743 · 2014
- 14A Glebe Road, Bromley BR1 3NT: LON/00AF/HPO/2014/0001LON/00AF/HPO/2014/0001 · 2014
- Flat 7, 177 Fordwych Road, London NW2 3NG: LON/00AG/HPO/2013/0027LON/00AG/HPO/2013/0027 · 2014
- (a) In respect of Flat 1A, a category 1 hazard relating to inadequate guarding to the garden area, where there was a substantial drop to the neighbouring garden; and three category 2 hazards relating to the electrical systems (a hole above the electrical socket), fire risk (the heat detector in the kitchen being inoperative) and damp and mould growth to the bathroom and bedroom; (b) In respect of Flat 1B, three category 1 hazards, namely: extensive dampness and mould growth, the need for the occupier to stretch over the top of a gas cooker to access work surfaces and inadequate guarding to the front garden, where there was another significant drop to the neighbouring garden. There were also three category 2 hazards, namely: structural collapse and falling elements (a radiator in the lounge which had come off the wall), fire hazard (in that the heat detector in the kitchen and the smoke detector in the lounge were missing) and falling on level surfaces (a broken floor board in the kitchen floor). 5. In each case, the improvement notices provided that “the date on which the remedial action is to be started is no later than 11 April 2014”. 6. Mr Gill submitted two appeals against the two improvement notices, both received by the Tribunal on 1 April 2014. Directions were given which resulted in two hearing bundles being prepared, one by Mr Gill and one by the council, both of which contained coloured photographs of the alleged defects. The hearing 7. The hearing of the appeal took place on the 6 June 2014. Mr Gill was represented by his son, Mr Gurmail Gill. Greenwich council was represented by Mr Robert Fitt of counsel. Also in attendance were Mr Heatlie, the environmental health officer, and Ms Douglas from the council’s legal department. 8. At the outset of the hearing, Mr Fitt explained and Mr Gill agreed that there were no remaining issues in relation to Flat 1A. This was because Mr K Gill had carried out work since lodging his appeal and the council was satisfied that the works carried out were satisfactory. 9. With regard to Flat 1B, similar works had taken place, with the result that there were now only two outstanding issues, namely fencing to the front garden which was still necessary, and the reconfiguration of the kitchen area to remove the category 1 hazard, which had not yet been agreed; although Mr Gill had proposals in respect of each. 10. With regard to the fencing, Mr Gill confirmed that his father would erect fencing to the front garden within 14 days of the date of the hearing and, to the extent necessary, both parties agreed to the variation of the improvement notice to allow for this. With regard to the kitchen area, Mr Gill had made proposals, but the council felt the proposed changes would only create other hazards, in particular a food safety issue. 11. Before the Tribunal began to hear evidence in relation to the category 1 hazard in the kitchen area of Flat 1B, Mr Gill challenged the validity of the improvement notices. Validity of the improvement notices 12. In the original application form, the first ground of appeal was that the improvement notices had been served incorrectly, as the date of posting of the covering letter and the date of service were both dated the same. At paragraph 17 of his witness statement, Mr Gurmail Gill stated: “I believe the improvement notice is defective and invalid as the date of service is incorrect when compared to the date of posting. I therefore do not believe the Council are entitled to their costs of the notice.” 13. At the hearing, Mr Gill made further oral submissions and drew the Tribunal’s attention to the relevant documents in his bundle. He also produced and relied upon an extract from the Housing, Health and Safety Rating System (HHSRS) Enforcement Guidance. He complained, first, that the front page of the improvement notices contained an “operative date” of 2 April 2014 and, secondly, that the schedule to the notices required remedial action to be started “no later then 11 April 2014.” 14. For the council, Mr Fitt submitted that the improvement notices were served on 12 March 2014, being the date of posting of the letters to Mr K Gill and that, therefore, both the “operative date” (which specifies the 21-day period for an appeal to be submitted) and the date for the commencement of works were correct (being 21 and 30 days after 12 March, respectively) and there was nothing in those dates to invalidate the notices. The Tribunal’s decision 15. The Tribunal determines that the improvement notices are defective and therefore invalid and it quashes both notices, together with the linked demands for payment in respect of enforcement action.LON/00AL/HIN/2014/0012 · 2014
- 32 Lewisham Road, London SE13 7QR: LON/00AZ/HIN/2014/0013LON/00AZ/HIN/2014/0013 · 2014
- 214 Meadowview Road, London SE6 3NH: LON/00AZ/HIN/2014/0028LON/00AZ/HIN/2014/0028 · 2014
- Flat 3, 5 Maxted Road, London SE15 4LL: LON/00BE/HPO/2014/0008LON/00BE/HPO/2014/0008 · 2014
- Flat 4, 38 Gloucester Terrace London W2 3DA: LON/00BK/HIN/2013/0023LON/00BK/HIN/2013/0023 · 2014
- 64 Marylands Road, London W9 2DR: LON/00BK/HIN/2014/0022LON/00BK/HIN/2014/0022 · 2014
- (1) Michael Grant Sinclair (2) Christine Ann Grant Sinclair (1) Alison Overson (2) Vincent David Overson v (1) Accord Mortgages Limited (2) Southern Pacific Mortgage Limited (Rectification or Setting Aside of Documents)[2014] UKFTT 313 (PC) · 2014
- Darshan Singh v Mohammad Harun Ensaf (Practice and Procedure)[2015] UKFTT 149 (PC) · 2014
- Martin Pickard (trustee in bankruptcy) v (1) Mesud Habib Sali (2) Dionys Gkiorgki Gkioka (Beneficial interests, trusts and restrictions)[2015] UKFTT 153 (PC) · 2014