Residents ordered to leave Sapphire Court amid structural safety fears

Residents of Sapphire Court, part of the Stratford Halo estate owned by Notting Hill Genesis (NHG), were told to vacate their homes with just four hours’ notice on 4 November, following urgent concerns over the building’s structural integrity.

An email from NHG to all residents at around 1pm, advised residents to leave for temporary accommodation by 5pm the same day. NHG stated that the decision followed structural investigations, but provided no details about the findings or the level of risk posed to residents. This mirrors a pattern seen across the country, where residents are placed under immense pressure with very limited explanation. As highlighted by Andrew Brookes, Partner and Head of Housing & Property Disputes at Anthony Gold, in Inside Housing:

“Residents are often given so little time and so little information, even about critical things like how long they will be out for. It’s unsettling enough for people to have to move, but it’s even more unsettling if there’s no indication of how long this is going to take.”

Earlier in August, ground floor tenants in Lapis Mews, within Sapphire Court, had already been decanted to allow for intrusive structural checks. Residents were informed that there were worries about whether the building was adequately supported by props or columns.

On Wednesday 10 November, leaseholders and tenants from Ruby Court and Opal Court were also asked to leave into temporary accommodation on hours’ notice due for structural safety reasons.

Do residents have to leave?

Without a court order there is no way to lawfully compel residents to leave their homes. There may be very good safety reasons that residents should leave, but with the scant information provided by NHG it is difficult to know what is wrong with the building, what the risks are and what is likely to happen next to the building.

This lack of clarity is unfortunately common. As Andrew Brookes explains, many landlords focus solely on the urgency of removing people from the building, without planning for the human impact:

“All the social landlord seems to be fixated on is getting the people out as quickly as possible without really thinking through the impact that’s going to have on whole communities.”

Our experience reflects this. Residents are routinely told to leave at extremely short notice even where landlords have been aware of the underlying issues for months, if not years.

What about belongings?

NHG have told residents to take belongings that they will need for two weeks. They say that in the short term they “will not be able to facilitate any re-entry to the building”. There is no lawful justification for this. Residents should be able to access their home and belongings. If it is necessary to not allow people into the building, arrangements must be made for them to access their belongings. It is very difficult to pack everything you need when you will be away from your home for an undetermined time, especially when you have children.

What can residents do?

All residents may have a claim for disrepair and their homes being ‘unfit for human habitation.’ This relates to the structural defects but also issues in the block such as overheating, a poor supply of hot water and leaks.

Decanting does not end a resident’s tenancy. As Andrew Brookes notes: “The landlord cannot, there and then, end the tenancy. Decanting essentially must be done by consent.”

This means residents retain legal protections and may be entitled to compensation for the condition of their home and the consequences of being displaced.

What about leaseholders?

Leaseholders are likely to have similar claims. They may also have additional remedies depending on the terms of their lease and the extent of the landlord’s knowledge of the structural issues.

They may also have claims under s1 Defective Premises Act 1972.

What should I do if I want to join the claim?

• Complete the questionnaire here if you are a social tenant,
• Complete this questionnaire if you are a private tenant of Folio, or
• Complete this questionnaire if you are a leaseholder,
• or call 0207 940 4000 and ask to speak to Eleanor Solomon.