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Housing Scrutiny Sub-Committee - Thursday 16 January 2025 7.00 pm

January 23, 2025 View on council website Watch video of meeting
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Summary

The Housing Scrutiny Sub-Committee noted the Regulator for Social Housing's inspection report and its award of a C2 grading for the borough, and made seven recommendations about future engagement with the Regulator. The Sub-Committee also considered a report on Major Works and Building Safety and made eight recommendations relating to it.

Inspection Report from the Regulator of Social Housing

The Regulator for Social Housing (RSH) found that Lambeth was meeting its consumer standards, and awarded the borough a C2 grading. This is the second highest grading available and makes Lambeth the first London borough to achieve that grade. However, the RSH found weaknesses in the council’s performance in addressing complaints in a fair, effective and prompt manner. Councillor Danny Adilypour, the Deputy Leader and Cabinet Member for Housing, Investment and New Homes, said that the grading showed that the service was meeting the required standards for tenants, but that we are by no means complacent, and that there's a lot of work we still need to work on and improve.

Councillor Andrew Collins raised concerns that the RSH may have been overly generous in its assessment, and that the council should be a little more modest.

Two witnesses from local resident and campaign groups - Connor Crooks and Pete Elliot - gave evidence that challenged the findings of the report.

Mr Crooks, a tenant of Homes for Lambeth (HfL) - Lambeth Council's housing company - argued that the report's positive findings did not reflect the experiences of HfL tenants. He argued that HfL tenants had been subjected to antisocial behaviour, poor neighbourhood standards, neglected repairs, and an opaque and uncommunicative tenancy management culture. He said that Councillor Adilypour had refused to meet with HfL tenants, stating:

I do not believe a meeting with the tenants would be productive.

Mr Elliot also argued that the Regulator's findings did not reflect the experience of many residents, saying that Lambeth was consistently in the top five councils for housing complaints and that I have not yet met a resident who is happy with the services received.

The Sub-Committee made four recommendations relating to the report:

  1. To note the contents of the report.
  2. To request that the council continue to provide updates on its voids action plan. A void is an empty council property that is not currently available to let.
  3. To provide data on the timeline to move residents into empty properties, with an average target of a 30-day turnaround.
  4. To request a detailed explanation on the policy shift around the proportion of temporary accommodation (TA) properties on estates, and how we seek to transition temporary accommodation families into more permanent housing.

Update on Major Works and Cladding

The Sub-Committee received an update on the council's progress on major works and cladding remediation.

Resident Concerns

Four residents and leaseholders gave evidence to the Sub-Committee about their experiences of the council's major works programme.

Alistair Ross, a leaseholder and board member of the Lambeth Leaseholders Association, told the Sub-Committee that the council was repeatedly and illegitimately chasing leaseholders for payment for poorly managed major works:

Lambeth Council does this repeatedly to leaseholders across the borough, illegitimately chasing payments for poorly managed major works.

Mr Ross gave the example of a demand for £18,000 that he had received for central heating and gas works in his block of flats. He said that he had received no prior communication about the works and that Lambeth had failed to comply with the legal process for billing leaseholders for major works - known as a Section 20 consultation - but had then lied to his mortgage provider, telling them that he owed the money.

He said that other leaseholders in his block had borrowed money from family in order to pay inflated service charges and that others had been threatened with court action by Lambeth. He said that although Lambeth had eventually admitted to this error and agreed to cap his charges, they had refused to contact other leaseholders and cap their charges too.

Tracey Gregory, also a leaseholder in the borough, gave evidence about the council's use of non-disclosure agreements (NDAs) in major works cases, and the general mismanagement of the major works programme. She said:

The picture presented in the paper from officers to the committee on leaseholder billing and NDAs does not represent anywhere near the reality of what actually happens during major works and subsequent leaseholder billing.

Ms Gregory gave evidence of a case in which she had refused to sign a settlement agreement with Lambeth because of its NDA clause. She said that the council had withdrawn its offer of a discount on her service charges, but that she had challenged it and the offer had been reinstated. She said that 15 of her leaseholder neighbours had also secured reductions of 40% on their service charges and that many others had paid in full for works that had been overcharged by Lambeth. She said that the council had overpaid its contractors by £880,000 in her case alone but that the money had not been clawed back. She argued that this represented an overpayment for works to tenanted flats too. She concluded:

And yet money is never clawed back from contractors. The home ownership team just continue to pursue leaseholders for payment in full for work they know has been incorrectly built and that in my view is criminal.

Anthony Wynn, a leaseholder in the borough, said that the council had entered into a contract for works that had an estimated cost of £1.3m but that had ended up costing £2m. He said that the council had been overcharged by £6.4m by its contractors in one instance and that this overcharging had not been accounted for when billing leaseholders. He said that as a result the council had knowingly overcharged some leaseholders in the block by £26,000 each, but that others had received discounts of up to £11,000 on their bills after entering into a settlement agreement with the council, which included an NDA.

Mr Wynn challenged the council's arguments for using NDAs:

It is not the council's fiduciary duty to cover up its mismanagement and extract all it can from leaseholders. But this is public money that we are talking about.

He concluded by asking the council:

How much money has the council recovered from the contractors and consultants who caused this overcharging? And has the council even attempted to do so?

Jelinda Gunnarosk, a leaseholder from Cressingham Gardens Estate, also gave evidence about outstanding major works and poor contract management by the council. She said that her estate had paid £15m in rents and service charges over the previous 15 years but that no major works had been undertaken. She gave evidence of damage to the roofs on the estate, which she blamed on the council's contractors, and gave the example of a resident using adult nappies to stuff their ceilings to stop the water going into the bedrooms.

She also gave evidence of failings in the maintenance of drainage on the estate, saying:

Every office building in this country gets flushed out once or twice a year. Why are you not flushing out your estates?

She argued that the council was losing money by not undertaking planned maintenance and instead relying on emergency repairs.

Officer Responses

Chris Flynn, Lambeth's Director of Housing Needs and Commissioning, responded to the residents' concerns. He said that leaseholders were not forced to sign NDAs and that:

settlement agreements that contain confidentiality clauses are completely normal practice.

Mr Flynn said that the purpose of entering into NDAs was to:

tackle exactly some of the issues that you've mentioned around costs, distress, you know, the time for both residents and courts alike.

He said that each leaseholder's case was considered on its own merits and that they had a right to challenge decisions at the First Tier Tribunal or County Court.

Councillor Nicole Griffiths, the Green Party Councillor for Streatham Centre, responded to Mr Flynn's comments, arguing that if the council was confident in its new procedures, it should be less hesitant to reform its use of NDAs, saying:

If things are going to go wrong a lot less going forwards, then it's not going to cost the council so much.

She also asked whether the council could write to all leaseholders in a block if one leaseholder successfully challenged their charges, to make them aware that they may also be able to do so. Mr Flynn said that doing so could prejudice the council's position should other cases go to a tribunal or court.

Mr Flynn said that the council was working to improve its contract management and that things were moving in the right direction, citing the example of a recent decision to terminate the council's repairs contract with Thornton, its repairs contractor in the north of the borough. He said that the council was not satisfied with the work that Thornton had done.

Councillor Marianna Masters, the Labour Councillor for Streatham Wells, asked whether the council had clawed back any of the money it had overpaid to contractors. Mr Flynn said that the council would look into it.

Cladding Remediation

Councillor Griffiths asked about the timeline for completing fire risk assessments for external walls and for the remediation of dangerous cladding. Andy Marshall, Lambeth's Assistant Director of Housing, Capital and Asset Management, said that the council would complete all of its fire risk assessments for external walls in 2025, and that the national target for completing cladding remediation was 2035. He said that Lambeth's position was comparatively good.

Councillor Adilypour added:

to be really clear, we don't have any buildings in Lambeth now that have ACM cladding, which is the most serious type that was involved in Grenfell.

Mr Marshall gave an update on the situation at Hurst Street, in Herne Hill, where the council had recently decided to implement a waking watch and change the fire safety strategy from stay put to simultaneous evacuation at Park View House and Herne Hill House after new research into the fire performance of expanded polystyrene (EPS) cladding.

Recommendations

The Sub-Committee made eight recommendations relating to the report:

  1. That the council seeks and shares legal advice regarding either writing to residents in a wider block when other residents succeed in contested claims, and/or reviewing the use of NDAs and particularly linking them to discounts on charges.
  2. To review clawback options and contract management.
  3. To request an update on the implementation of the responsible procurement plan, particularly around social value.
  4. To request a traffic light system to review and track major works, including historic timelines of when issues have arisen.
  5. To review how leaseholders can self fund window and door improvements, including providing them with a timeline on potential major works and potentially waiving fees around approving replacement windows and doors, but recognising the comments made by officers.
  6. To update the committee at the end of 2025 on the fire risk assessments for external walls and projected timeline for remediation works, in line with ongoing national expectations.
  7. To provide a communications update on cladding inspections and repairs to all affected residents.
  8. To request an update on major works at Cressingham Gardens.