Things Not to Consider When Issuing an Improvement Notice

18th February 2019 RIAMS

In the latest Digest from Steve Battersby, a reminder of the principle that the availability of finance for funding works is not a factor in determining whether to serve an Improvement Notice or the time for completion of remedial works on unsafe cladding.

By the time of the hearing, the issue remaining for the court to consider was the time given in the notice by Medway Council for the completion of works. Medway had provided 5 months while the appellants, The Hamptons Right to Manage (RTM) Ltd, wanted 10 months. The main issue was the extent if any, account should be taken of the ability to acquire funding for the works when taking into account the time given for the works to be completed.

The Court decided that on the basis that this was a rehearing and on the evidence before the Tribunal, the remedial works to the cladding, subject of the Improvement Notice, should be carried out by seven months from the date of the hearing. The Improvement Notice was varied accordingly.

Additionally, the Tribunal was of the view that finance was not a factor in an Improvement Notice and Medway Council was correct not to take this into account. In the context of the Act, whether or not a landlord can afford to carry out the works is not a relevant factor.

To read the full digest, click here.

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