Tort Notices

Some, but apparently not all, residents at Castell House were served TORT notices on 9th November. Such a notice in the context of Housing is usually served "when there are uncollected goods and/or possessions that have been left or abandoned in premises by a tenant or lessee" under the Torts (Interference with Goods) Act 1977.

In this case it refers to the possessions tenants and leaseholders are keeping on the balconies outside their flats, and residents were given 14 days to remove them. The 'Tort' is a tool landlords can use to give them the power to remove items situated in communal areas such as corridors and staircases that are likely to represent an obstacle or trip hazard, such as on a walkway which is a fire exit from the building.

Since the items in this particular case are not "uncollected", "left" or "abandoned", it's a rather ambiguous way of asking residents to keep the communal areas around their homes clean, tidy, and free from obstruction, and is therefore open to misinterpretation.

Some residents in Cremer House have now been issued with the same letter and 'Tort Notice'. When a Castell House resident, who has a couple of plant pots (plastic) outside her door, called the number provided (the Tenancy Team) she was told it was a blanket letter and to ignore it.

Another resident who called has plants and a bit of wooden furniture outside and was told the same thing. It was only when she questioned further that she was told they knew she had flower pots and wooden furniture that were in contravention of the notice and that she must remove them. Had she not pressed the matter further she might have disregarded the notice and then found her items removed. She removed the wooden furniture, but left her vegetable and flower garden, which is all in non-flamable containers. She has had washing machines, furniture and fridges delivered, and been visited by friends with baby buggies and wheelchairs, with no access problems whatsoever, so didn't consider them as 'obstacles'. She was later called by Customer Services who told her the flower pots would not be removed.

As we reported previously, only about 10 people attended the Fire Safety meeting called by Lewisham Homes on 6th March. We also referred in that post (which we urge you to read again) to the guidance issued in 2011 by the Local Government Group regarding Fire Safety in purpose-built blocks of flats, in which a 'managed use' policy might permit residents to place pot plants and door mats outside their front doors.

After a walkabout with the Fire Safety Officer in March, the TRA suggested that the Fire Safety team print up and distribute a leaflet that explained exactly what is and what is not permitted, with guidelines as to widths and heights of permitted items. This never happened. So residents are not sure what they're allowed to store outside, and neither, it appears, are Customer Services or the Tenancy Team.

We don't know if any personal items have been removed by Lewisham Homes as a result of any resident's non-compliance with the Tort Notice, but if Lewisham Homes wants to continue their stated policy of "managed use" (to avoid a "zero tolerance" policy) they might do better to circulate a leaflet that clearly spells out the issue first (or even a poster in the stairwells), rather than issuing a legal notice that threatens to remove "unwanted" items – when most of the items in question are very much "wanted".


UPDATE 11 December: Some Frankham House residents have also received the Tort.

Report on Fire Safety Meeting

A small number of residents attended the Fire Safety meeting called by Lewisham Homes on 6 March. Larger numbers were obviously anticipated since it was held in the new Studio space upstairs at Deptford Lounge.*

The meeting was convened by Malcom McBride, one of three new Fire Safety Advisors, who has previously notched up 30 years working for the London Fire Brigade. Malcolm explained that the meeting was by way of introduction to the measures Lewisham Homes was obliged, by law to implement (The Regulatory Reform (Fire Safety) Order 2005) in order to safeguard its residents.

Lewisham Homes, as the responsible body, must ensure that routes to emergency exist from premises and the exits themselves are kept clear at all times. We were shown six photos of various cluttered balconies on the estate, and Malcolm attempted to explain which items could be considered allowable and those which are verboten. However, we were all still rather unclear as to exactly what is allowed.

For instance, we had recently been issued by the council (not Lewisham Homes) with some handy but very large green recycling bags. Their size makes them too big to store in our tiny kitchens, so many people keep them outside. Malcolm pointed out that, filled up with paper and plastics, they were combustible and therefore a major fire hazard (thanks, Lewisham council!). Bicycles (and kids' tricycles) tied up outside homes were also considered obstructions – but where, we cried, were we supposed to put them, when LH itself was refusing to managed any of the storage areas on the estate? Malcolm was also unable to give us a maximum width and height for any plants and furniture we might be permitted to keep outside.

He told us that his fire safety team will be visiting the estate over the next couple of weeks and, where necessary, having a chat with those residents who are causing obstructions or storing combustible items. People who have installed grills at the entrance to their balcony may be asked to provide a spare key to let in the fire brigade, or asked to remove them. Parking in front of stairwells (obstructing access for the fire brigade) will also be looked at.

He also announced that Lewisham Homes will be fitting new front doors which comply with the latest fire safety standards to every home in the borough under its management. We were under the impression our front doors (relatively new) were already compliant, and it was not clear how fully this programme will be rolled out. According to guidance issued in 2011, front doors which open onto balconies which serve as the main fire escape, must be "self closing". Ours are not. In this matter (which may have cost implications for leaseholders) and all others, we await further news.

In the meantime, why not do your bit for yours and others' safety and clear your balcony of obvious trip hazards, obstructions, and inflammable materials. (Bikes, however, may remain a contentious issue).

---o---

People might remember that in January last year, LH sent a team round the estate to politely help us clear our clutter, but stuff wasn't removed without residents' approval, and the team didn't manage to get round all the blocks in the time allotted. Then in May, we got a letter threatening to remove items "stored in communal areas" within 14 days or else. By June 2011, on a walkabout on the estate with the TRA, CEO Andrew Potter declared he was considering a "zero tolerance" policy of balcony clearance in order for Lewisham Homes to comply with the law. Perhaps because this suggestion was met with complete horror by the residents present, it appears LH now seem to be pursuing the alternative, which is "managed use".

According to the guidance issued in 2011 by the Local Government Group regarding Fire safety in purpose-built blocks of flats, "a 'managed use' policy might permit residents to:

• place pot plants and door mats outside their front doors
• have framed pictures and notice boards on walls
• store bicycles, prams and mobility scooters in places that are out of the way and not likely to cause obstruction."

44.4 Sometimes residents see the common parts as communal amenity areas, where, for example, they can store bicycles, dry clothes and sit on furniture. Some landlords encourage this, particularly in sheltered schemes, in an effort to avoid the block having the appearance of an institution. The presence of, for example, door mats, pot plants, pictures and seating is seen as part of making the block homely for the residents.

44.5 However, many landlords battle with problems that can arise from this, particularly of residents taking matters to extremes (eg holding barbecues on access decks and escape balconies). A further problem is one of abuse, such as dumping unwanted belongings and rubbish in the common parts. Not only can this result in people potentially putting their own lives at risk, it could also endanger the lives of others.

44.6 The inappropriate actions of residents in this regard could also be exposing landlords and others who manage the common parts to liability under fire safety law.

'Managed use' involves ensuring there are clearly defined 'do's and don'ts' that residents can easily follow. However "it is more difficult for landlords to ‘police’, and for enforcing authorities and fire risk assessors to audit" and "it is likely to require more frequent inspections by landlords". But, "it should be recognised that residents may be put at significant inconvenience and resort to infringements of the policy through frustration. Consideration of the needs of residents in ways that encourage them to follow the constraints of such an approach can contribute significantly to fire safety. Providing suitable communal storage facilities...can greatly assist."

General points from the guidance that might pertain to us and which we can expect to see implemented might be:

• never allow storage of combustible material – where appropriate, make arrangements for residents to have communal facilities for storage
• never allow items to be left awaiting disposal, not even in chute rooms – even short term presence poses a risk
• only allow basic furniture and not upholstered seating

• if storage cabinets are appropriate, only permit lockable metal cabinets to be used and never timber or plastic sheds or lockers
• never allow residents to store hazardous chemicals, gas containers or flammable liquids in storage cabinets or dedicated storerooms and cupboards
• only allow scooters, bicycles, prams and so forth, if there are suitable areas, that will not pose an obstruction, where they can be kept.

The guidelines also state that a fire risk assessment need not always be carried out by specialists, such as consultants (point 33.2). Needless to say, LH have appointed some consultants (SANTIA) as well as their own Fire Team.

The guidelines also say (point 21.2) "fire exit signs might need to be displayed to assist in the use of an escape route with which people are unfamiliar. In a single stairway building, there is rarely a need for such signs. It is not usually considered necessary to signpost the route that residents normally use to gain access to their flats." Of course, Lewisham Homes, ever keen to throw money at sign-makers or spend money in the wrong places, have already seen fit to plaster the stairways with unnecessary fire exit signs. Doh!

Click here to download the Guidelines (and thanks, Bill).

*The lovely new studio space can be hired from £45 p/h. For smaller meetings, the Pink Palace is a bargain at £10 p/h.

Fire Safety Meeting reminder

Everyone should have received a letter from Ron Dixon, Head of Mechanical & Electrical at Lewisham Homes, inviting us to a meeting tomorrow.

Tuesday 6 March, 7pm-8pm at Deptford Lounge

The meeting is to "talk through what our fire policy is and what it means for residents", with an opportunity to answer any questions people may have.  

In the past, we have been requested to keep communal areas clear to minimise fire risk, and asked to "Never leave refuse sacks, bicycles, children's buggies, plant pots, washing or other obstructions in communal corridors or walkways."

One question might be: if Lewisham Homes want us to clear our balconies of obstructions to comply with fire regulations, what opportunities for outside storage can they provide?

We have recently been informed they have no plans to properly administer the existing storage areas (bike/pram sheds and "drying rooms"), so that everyone might have an opportunity to rent a space. Presently, it is a free-for-all whereby some people are paying rent on a shed whilst others are not, some have more than one shed whilst others have none, and a shed might only be acquired by breaking into one that appears not to be in use.

What are the safe and secure options for storing bikes (and indeed, pushchairs and prams) for those who have to store them outside their homes because their flats are too small, as well as, in some cases, having to carry them up five flights of stairs?

Meanwhile, many people will be strongly opposed to removing their balcony pot plants – will we be hearing alternative plans for the balcony gardens that presently, and in most cases, contribute considerably to the health and wellbeing of residents?

Another question might be: why is this meeting being held at the Lounge when we have a space of our own for such meetings?

All weeds are wild flowers...

853 Blog reports that Greenwich council has sacked its green contractor for failing to deal with the weeds growing in the (soon-to-be) Royal Borough's pavements. We've got a fair few ourselves.

Whilst their team of cowboy lawnmowers have made fairly regular appearances, Glendales seem to be a bit short in the weeding and planting department.
 
We are told that the little squares of ground which were bizarrely concreted over recently (after the 6th June walkabout by Lewisham Homes management) are now being re-instated as a result of residents' complaints and possibly our Concrete Jungle post also on 1st July.* Hopefully the guerrilla planting that is taking place around the estate – in lieu of any maintenance and planting by Glendales – can now continue in these beds as well.

The new plants look great, as do the window boxes (since Crossfields Greenspaces' plant and soil giveaway on 16th July). However, be prepared to defend your window boxes when and if Lewisham Homes get round to implementing a Zero Tolerance policy to items outside flats in communal walkways.

CEO Andrew Potter told us on the recent walkabout that London's Fire Chief has ordered that all boroughs have the choice to either monitor and educate their residents about not leaving fire hazards in the walkways, or introduce a ban on all items. If the circumstances surrounding a fire were found to involve balcony obstructions, boroughs stand to face a hefty fine – therefore Mr Potter favoured a zero tolerance policy as his cheapest and safest option. He said he was aware that it would be a highly unpopular move, and the issue is to be debated by the board. The ban on outdoor items would include all flower pots and possibly even window boxes.

Caretaking Manager Mike Smith, attending last night's TRA meeting, said there are regular Fire Safety inspections of communal walkways, and levels of priority reached before action is taken. Serious obstructions result in a warning, and non-compliance results in the householder's belongings being removed and stored. (See May's post about the last half-arsed attempt to do this). The meeting argued that since there is already a process in place for monitoring Fire Safety obstructions, there was no need for the introduction of a zero tolerance policy.

We also argued that growing flowers, shrubs, herbs and vegetables on our balcony walkways contributed positively to both our own and our neighbours' mental health and well-being.

Here's some examples:

*Leaseholders: look out for being billed in 2012 for both concreting over and removal of concrete.

Lewisham Homes "Rubbish Removal" fuck up

Most tenants and residents got a letter through their door dated 15-04-2011. I've got one, but I can't honestly say that's when I got it. Anyway, it was about "Items left being stored on the communal walkway and landings and disposal of rubbish".

It was a rubbish letter about rubbish. It wasn't bullet-pointed so even half-educated folk like me couldn't read it properly. On further analysis the first two paragraphs are about not leaving 'washing machines, chest of draws bikes etc' on the balcony (fire risk) and paragraphs 3-5 are all about putting your rubbish in the chutes or bin chamber and not leaving it outside your door or in communal areas. All good reminders to some mindless folk, but who the hell's gonna read this?

The letter then quoted the rules n' regulations of our Tenancy Agreement, a note about not smoking in communal areas, and a number to call to dispose of 'washing machines ovens and fridges' (Environcall on 020 314 7171). Those seven paragraphs could've gone at the end after the sign off as Extra Important Info...

And then there was the threat:  "If residents do not remove the items stored in the communal areas in 14 days (underlined in bold) from the date of this letter or continue to dispose of their rubbish in the correct manner Tenancy Enforcement action may be taking [sic] against you" Yours sincerely Caretaking Services.

Well two weeks passed a week ago. Did they mean '14 working days excluding bank holidays'?...

We got news earlier that Frankham House were "Gestapoed" yesterday. We await a full report, but we heard Frankham residents had their balconies completely cleared, including plants and beloved items that the postman usually navigates successfully...

The last so called "Agent Orange clearance"  was a polite affair and stuff wasn't removed without resident's approval. They did it over three pre-announced lunch periods over three days, eg, Finch/Congers/Frankham may be next, possibly Monday, and Holden/Wilshaw/Browne/Castell/Cremer the next day. The notable thing about their last 'sweep' was that they had no idea how many flats were included in their last 'block' and didn't get round to half of them. Mainly they did it when people were out so approval was unavailable. There seems to be an assumption that council house residents are in all day.

However, this is 'Caretaking Services' so expect some inconsistencies and historically, you can expect complete ineptitude (no reflection on the shop floor). The letter had no signature, no contact name and no reference number. 

Let us know if you didn't get the letter of 15th April 2011. And meanwhile do a spring clean of your balcony, but don't get rid of stuff you want there like plants or a bike you have to store (where else are you going to put it?). If the postman can reach your neighbour without tripping up, how can it be a health and safety hazard? If you're creating an eyesore for your neighbours though, clear it up, for Pete's sake.

Postscript:

We've heard that a few people didn't receive the letter referred to above. But Leaseholders should've received a letter "Re: Fire Safety" in April that came with Home magazine and posted directly to their address. The letter was signed by the Head of Leasehold Services. Among other things the letter states:

To minimise fire risk in your property please ensure that you:

Do not store anything on balconies that could easily catch fire
Do not overload electrical sockets
Install smoke detectors and test them regularly

To minimise fire risk in the communal areas of the building please ensure that you:

Keep communal areas clear
Do not wedge open fire doors in corridors
Never leave refuse sacks, bicycles, children's buggies, plant pots, washing or other obstructions in communal corridors or walkways
Keep all exits from your home clear so people can get out easily if there is a fire.

However, these rules appear to be directed towards blocks where communal corridors and walkways are internal. Ours are not.