Housing Solicitors

Barnet Council has had its decision to prevent a “cramped conversion” behind shops in Cricklewood Broadway from being used as housing upheld, after the landlord of the property appealed against the council’s decision.

The London Residential Property Tribunal’s decision ends the appeals process, which began after officers from the council’s Environmental Health Team inspected the studio flat in 2015.

They found the unit was accessed by a narrow alleyway used for storing bins and for deliveries to shops – and was being let to a couple with a baby.

Officers from the team investigated concerns about noise, excessive heat, lack of space, poor lighting and inadequate ventilation – and at the time of the inspection, they found the building to be poorly converted, with just one window high in the wall, which opened out onto the groundfloor level of a car park to the rear of the property. The window could only be opened by standing on a chair.

Environmental health officers also found that electricity was provided to the flat by a makeshift supply, using extension cables running from an adjacent unit. There was also noise from the refrigeration unit of a neighbouring shop located on the flat roof above the flat.

As part of the property was below ground level and the flat roof was poorly constructed, there was also an increased risk of dampness in the flat.

Environmental Health Officers concluded that no work could be carried out to make the building suitable for human habitation – and they issued a Prohibition Order under the Housing Act 2004, preventing the unit from being used as accommodation.

Barnet Homes found alternative housing for the family.

The Tribunal stated that the structure’s intended purpose as a storage facility meant it lacked adequate thermal insulation to overcome problems with damp and excess cold – as well as having an absence of satisfactory natural light.

The Tribunal therefore decided to uphold the council’s decision.

After the hearing, Barnet Council’s Director for Growth and Development, Cath Shaw, said:

“The way this building was converted – and the living conditions it offered – fell so far below what is acceptable that there was no other option but to prevent it from being used as housing.

“Landlords offering accommodation like this – and exposing residents to conditions which pose a risk to health – can expect enforcement action to be taken against them by Barnet Council.”

Duncan Lewis Housing Solicitors

Duncan Lewis housing solicitors can advise on a wide range of housing law, including advising on disrepair of rented property, homelessness, Local Authority housing and council’s obligation to re-house.

There are Duncan Lewis offices across the UK and our housing team are also able to advise on:

• Conveyancing services
• Debt management for homeowners
• Housing Benefit
• Housing possession
• Landlords’ obligations
• Landlord and tenant disputes
• Lease extensions
• Mortgage repossession
• Notice to quit
• Nuisance neighbours
• Right to Buy
• Right to Rent checks
• Tenancy agreements
• Unlawful eviction.

For expert legal advice on housing law, call Duncan Lewis housing solicitors on 0333 772 0409.