Conference Adjournment

Barry Gardiner Excerpts

Tuesday 19th September 2023 Commons Chamber

[Barry Gardiner (Brent North) (Lab)]

Madam Deputy Speaker, I would like to begin by saying how much I admired the way in which you so sensitively and generously responded to my hon. Friend the Member for Mitcham and Morden (Siobhain McDonagh) when she spoke about her campaign on glioblastoma in memory of her sister. You really did speak for the whole House, and it was greatly appreciated.

The pleasure of participating in such a debate is in the range of topics covered, and I agree with many of the subjects that have been chosen. The hon. Member for Chatham and Aylesford (Tracey Crouch) spoke very well about the badger cull and the importance of science, and my hon. Friend the Member for Rochdale (Tony Lloyd) spoke very well about the importance of science in deep-sea mining.

Sometimes we need to fact-check our speeches, and I took the opportunity to fact-check the complaint made by the hon. Member for Harrow East (Bob Blackman) about the Mayor of London giving himself an exemption on his car. I am reliably informed by the Mayor’s office that this is not the case, and that the Mayor’s own car does not have an exemption. As we think of Sir David, who was such a part of this particular debate, we need to temper our criticisms so that people who are as high in public life as the Mayor are not unduly targeted.

[Catherine West (Hornsey and Wood Green) (Lab)]

I thank my hon. Friend for correcting the record. It is so important that Parliament, above all, has correct information. We cannot let misinformation flourish, given how social media goes round and round very quickly, which can be detrimental to the public discourse.

[Barry Gardiner]

I challenge the House to fill in the missing word. As safe as—[Hon. Members: “Houses.”] Members have said it but, for too many people, that saying has become a rather sick joke. Today I want to share the story of my constituents for whom their house, their home, has been anything but safe.

Damask Court, a block of flats in my Brent North constituency, was completed in 2014. I was first approached by residents in March 2019, and they reported that their building was “swaying.” The floors were moving and, in high winds, the whole building shook. I was told that the roof was leaking so badly that water poured through the electrical sockets and the windows had dropped by 8 cm in two months.

As the House could imagine, I immediately visited the property and took photographs of water streaming through the light fittings and dripping on to a child’s bed. The same day, I wrote to the chief executive and the chair of the board of Apna Ghar Housing Association, which owned the block. I also wrote to Steve Wood, the chief executive of the National House Building Council, which had provided the warranty for the development.

Six weeks later, on 1 May 2019, NHBC replied stating that these structural issues had been reported by tenants to the builder, Parritt Bellamy, within its two-year liability period, but that Parritt Bellamy had gone into administration and the original development company, Asra Housing, had simply sold up and walked away. The NHBC visited the property to assess the structural issues under part B of its Buildmark warranty, and this is where the problems should have stopped. They did not. They were only just beginning.

At the end of November, I discovered that: essential supports for the core of the building were missing; the floors were overstressed, causing the swaying movement when residents walked across them; the roof had been incorrectly fitted, causing the leaks; the floors throughout the flats were bowed; and the balcony floors were defective.

Apna Ghar, the new owner of the development, advised residents in December that it had submitted a claim to the NHBC. It also advised that its chief executive was leaving the housing association “with immediate effect.” As the problems unfolded, this became a repeated pattern. Everyone simply walks away, except for the tenants, of course. They are trapped—trapped in an unsafe building.

In 2019, I asked the NHBC to clarify when the investigation work would be completed. I requested a copy of the full report when it became available and asked for a date when the remediation would commence. I did not receive a copy of the report, but at the end of July 2019 the NHBC said the investigations were complete and that it had offered Apna Ghar two options to settle the claim. At that point, Apna Ghar went incommunicado, so in October I arranged to meet two representatives from the NHBC. They were apologetic, they fully understood the serious concerns raised by residents and they were anxious to do everything possible to resolve the matter. They promised to revert to me and provide a full update. I felt reassured, but I was mistaken, as I never did receive their full report.

During the general election period in December 2019, another tenant contacted me, and she was extremely distressed. Her letter said that

“the building is constantly shaking, my home floods whenever it rains and I am unable to sleep for fear of the building falling down. I and my three children go to bed fully clothed, with our shoes on, in case we need to leave the building quickly.”

I was so concerned that I immediately visited her home, and it was truly shocking. I demanded a meeting with the new chief executive of Apna Ghar and showed him the photographic and video evidence of what I had witnessed—and then the country went into complete lockdown. I continued to write to Apna Ghar throughout 2020 and 2021, but I received no responses. The reason I was eventually given is that after our meeting the chief executive had resigned and not been replaced—another person had simply walked away.

I learned from another resident that Apna Ghar had written to them claiming that it was in regular contact with NHBC and that there were no reported structural issues within the building. That was a lie. I again demanded that Apna Ghar should provide me with a copy of the independent report, but, again, there was a total failure to respond. It would not even provide copies of the first and second stage complaints, which would have allowed me to refer the matter to the ombudsman. In March of last year, another resident in the block advised that because of the leaks and the water damage, which had not been repaired for seven months, her three children were all sleeping in one room. All these families have been failed at the highest level. There has been a total disregard from Apna Ghar of its legal obligations under section 11 of the Landlord and Tenant Act 1985 and under the Environmental Protection Act 1990, and of the duties set out in section 4 of the Defective Premises Act 1972.

In January of this year, when one of my constituents lodged a formal complaint, she received a response from solicitors employed by Apna Ghar, who acknowledged that she had indeed reported that her bathroom floor was damaged in December 2021 and admitted that this had not been fixed by September 2022. However, they claimed that because the member of staff who received the original message no longer worked there, they could not help. The same legal team has claimed that it is not Apna Ghar’s fault, because their client acquired the block from another registered provider of social housing. What my constituents want to know is: when Apna Ghar acquired Damask Court, was it aware of the structural problems that had already been reported to the builder and the developer? What due diligence was undertaken before taking ownership of the block? Did it purchase Damask Court at a discounted price because of the problems?

The same solicitors have now also advised me that there are

“ongoing discussions with the National House Building Council (NHBC) regarding the defects affecting the block.”

That is strange, given that I had already been told back in 2019 that the NHBC had made an offer to the housing association to pay for the remediation of the whole building. Four years on, the solicitors are apparently instructed that the NHBC claim will “need to be resolved”, that remedying the defects is going to require

“a significant programme of works”,

but that all complaints to date have been

“handled within a reasonable period of time.”

That is nonsense. The fact is that nobody, not the quantity surveyor, the project manager, the building control officer, the builder or the developer, and not the NHBC, should ever have signed off that building as fit to live in—it never was. Parritt Bellamy, the builder, walked away; Asra Housing Group, the developer, walked away; two chief executives of Apna Ghar walked away; and yesterday I received from a resident a copy of a notice from the acting chief executive of Apna Ghar Housing Association, advising the residents of Damask Court that

“your new landlord will be Tamil Housing Association”.

Yes—finally it seems that Apna Ghar is walking away too.

The Building Safety Act 2022 provides no relief to my constituents in Damask Court. The Government know there are thousands of families going to sleep tonight in unsafe apartment buildings—going to sleep like that little family who confessed to me that they went to bed fully clothed and with their shoes on, just in case they had to get out quickly in the night. I have just one question for the Minister: when will the Government act to end this misery?