Automated Summary
Key Facts
The Tribunal dismissed an appeal by Global Guardians Management Limited against the Royal Borough of Greenwich's refusal to revoke an Improvement Notice for hazards at St. Nicholas Centre, London. The Applicant's response to a 24 January 2022 informal offer was late and remedial work had not commenced by the 7 February 2022 deadline. The appeal was dismissed on 26 October 2022.
Issues
The Tribunal dismissed the appeal against the refusal to revoke an Improvement Notice under the Housing Act 2004, holding that the refusal was justified due to the Applicant's late response and lack of commenced remedial work.
Holdings
The Tribunal dismissed the appeal, confirming the Respondent's decision to refuse to vary or revoke the Improvement Notice. The Tribunal found the Applicant's Response Form was served out of time and remedial work had not commenced by the deadline, and that the Respondent was not required to revoke the Notice under the Housing Act 2004 due to non-compliance and category 1 hazards.
Remedies
The Tribunal dismissed the appeal and confirmed the Respondent's decision to refuse revocation of the improvement notice. The Applicant's response was late and remedial work had not commenced, so the notice remains in force.
Legal Principles
- The Tribunal determined the Respondent had discretion under Section 16(2) of the Housing Act 2004 to revoke the Improvement Notice, and declined to revoke it due to the Applicant's defaults and presence of two category 1 hazards.
- The Tribunal applied the balance of probabilities standard to assess the evidence of Mr. Islam and Mr. Owen regarding the hazards and compliance with the Improvement Notice.
Cited Statute
Housing Act 2004
Judge Name
- Fiona Macleod
- N Hawkes
Passage Text
- The Tribunal dismisses the appeal and confirms the Respondent's decision dated 16 February 2022 refusing to vary or revoke an improvement notice dated 11 February 2022.
- The Tribunal determined that it would not be fair and just in all the circumstances to permit the Applicant to raise these new issues part-way through the final hearing when: (i) The Applicant has at all material times been legally represented. (ii) The only reason given for raising the new issues at such a late stage was that they had not previously been identified.