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 December, 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. 

What are the structural problems?

We do not yet have full information, but it appears there is a potential risk related to ‘punching shear’.

The Building Safety Regulator has recently published information about this type of risk, which can be found here:
https://www.gov.uk/government/publications/potential-risks-from-transfer-slabs-in-buildings/potential-risks-from-transfer-slabs-in-buildings

Punching shear is a structural failure mechanism that can occur at the point where a concrete floor slab is supported by a column. If the slab and its reinforcement are not sufficient for the loads being carried, there is a risk that the column could “punch” through the slab. If punching shear were to occur, it could cause a local failure of the slab, which in some circumstances may lead to progressive collapse. It has not been confirmed that this has happened at Stratford Halo, but cracking has been seen and further investigations are required to determine the level of risk. We do not know when these investigations will be completed, or why investigations and propping have been delayed. Updates from NHG are available here: Stratford Halo Updates

What can tenants do?

All tenants 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.

Tenants may also have claims for breach of quiet enjoyment or derogation from grant. This is where a tenant’s right to enjoy their property and use it as a home is interfered with.

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. The claims are for breach of repair covenants in the lease, derogation from grant and breach of quiet enjoyment.

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

NHG have made offers to buyback flats in Opal, Ruby and Sapphire Court. If you are considering joining the claim or want advice on whether to take this offer then complete this questionnaire.

If you do want to take up the offer and need a conveyancer then ask NHG for a valuation and complete this questionnaire.

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.

In the News

Inside Housing	IPaper
Our Housing Partner, Eleanor Solomon, has been quoted in Inside Housing in relation to the ongoing situation at Sapphire Court, part of the Stratford Halo estate in East London. The article reports that tenants who were evacuated from the block last year due to structural safety concerns are now threatening group legal action against landlord Notting Hill Genesis (NHG). Read the full story here	Many residents of the Stratford Halo estate were forced to spend Christmas in temporary accommodation following an emergency evacuation due to structural safety concerns. Eleanor Solomon is representing the affected residents, supporting them as they seek answers and accountability from their housing provider. Read the full story here