why the delay in providing legal opinion?

In September Crescent House residents organised a meeting to get together with their neighbours to share information about the Crescent House windows refurbishment project. In early October a further meeting was held to discuss leaseholder concerns.

Following this meeting, on 15 October GLERA wrote to the Corporation expressing concerns about how long it is taking for the Corporation’s Legal Team to provide legal opinion on matters significantly affecting leaseholders in Crescent House.

A personal acknowledgement was received the same day and GLERA now await a full response.

The correspondence below was sent to Judith Finlay, Executive Director of Community and Children’s Services and Peta Caine, Assistant Director for Housing, and copied in to Gregory Wade the new Head of Major Works for Housing.

Dear Judith and Peta

Golden Lane Estate Residents Association (GLERA) is concerned about how long it is taking, and has taken, for the Corporation’s Legal Team to provide legal opinion on matters significantly affecting Leaseholders. We also have misgivings about the quality of that opinion; which when challenged has been found unsound, as in the case of Great Arthur House cladding and Crescent House abatement, with unnecessary financial consequences for both the Corporation and residents. 

GLERA is also concerned that leaseholders in Crescent House still have no indication on the proportion of costs they will be expected to bear for the major works Crescent House Windows Refurbishment project. This is despite our councillors and individual leaseholders requesting for some long time that negotiations be initiated on the principles of apportionment.

CRESCENT HOUSE WINDOWS REFURBISHMENT PROJECT

Estimated Costs | Actual Costs

There is an understanding that the actual cost estimates for works won’t be available until the tender process is complete. Residents are prepared to be patient and appreciate that care is being taken with the procurement process in order to get the most suitable Contractor appointed, however there are concerns that the Home Ownership team still appear to be working with cost estimates provided in March 2024 rather than the most recent which we know were prepared for the tender process. This can be problematic for residents buying or selling their homes.

Recoverable Costs | Betterment

There is great frustration that there is still no information on what costs are recoverable, which elements qualify as betterment, and which will require further consideration / legal opinion.  Residents have been told via the Resident Liaison Group (RLG) that a cost plan which detailed all the cost elements (not actual costs) was provided to the Corporations Legal team in May 2024 and we would assume that that would be sufficient basis on which you can form a preliminary opinion. As yet, despite a promise from the legal team in July that it would be forthcoming within a couple of weeks (advised to RLG), there have been no further updates for residents. 

Replacement of gas boilers with electric central heating

We are told a not insignificant number of residents in Crescent House will need to have their heating systems changed from gas to electric as boiler flues can no longer exit through windows once vacuum glazing is installed. Whilst tenants in affected flats will have an electric system installed as part of the works it is still unclear what, if any support will be made available to leaseholders. Again, via the RLG, we understand a legal opinion has been requested by the Project Team and was expected in early August.

The potential need to de-gas, which should have been known by the project team from the outset, was first brought to residents’ attention in November 2023; the Project Team has yet to confirm who will be affected.  We understand however, that it is most likely to be residents living in the single aspect flats on the first and second floor corridors. GLERA is very concerned that these flats are occupied by some of our least well off leaseholders and if leaseholders are expected to meet the cost of changing their heating systems then that is a considerable cost on top of the project costs. Leaseholders are also anxious for advice on how to undertake this work, when it should be done etc. 

Can we please have an explanation as to why it is taking so long to provide even the most rudimentary information about recoverable costs for the whole project and how affected leaseholders will be supported both practically and financially in a change from gas to electric central heating? 

We look forward to your response.

Kind regards

Sue

Sue Pearson
GLERA Chair 2024 /25