Malcolm
Craik, a committee member
of Carlisle Leaseholder Group
today issues this group
press release:
Leaseholders
challenge Riverside’s
court action over
fire safety upgrade works
and service charges
Carlisle Leaseholders who have been challenging Riverside Carlisle Housing Association`s insistence that it has a right to complete works inside their properties and to replace front and storeroom doors within communal areas at considerable cost to them will be hoping for a ruling in their favour from His Honour Judge Peter Hughes QC at Carlisle County Court on Tuesday April 29th at 10.00 am.
Riverside Carlisle Housing
Association has chosen to take a number of leaseholders to the County Court
claiming that they are in breach of their leases in refusing to accept that
Riverside may enter their homes to conduct internal work and to fit doors.
Leaseholders understand that it is against
the terms of their leases for Riverside to demand access to their properties to
carry out internal work and they are also contesting Riverside’s claim that it
can charge them for replacing doors that have historically not been maintained
by the landlord in accordance with the terms of their leases.
Riverside has refused to
negotiate with the Carlisle Leaseholder Group, which was set up in 2010, to
challenge Riverside’s demands that leaseholders contribute the full cost of
upgrades required at Riverside’s leasehold properties in Carlisle.
Riverside was served with an
enforcement notice, following a fire at Melbourne Road in Carlisle in 2009,
which highlighted the association’s failure to comply with fire safety
regulations since 2005. As a result Riverside commissioned an independent
survey of the communal areas at its leasehold property and it is some of the
recommendations of that report that have been questioned.
Rather than negotiate
Riverside has chosen to isolate individual leaseholders and has now taken legal
action against those leaseholders who have stood their ground over the last
three years.
Leaseholders are ineligible
for legal aid because they are deemed to be homeowners even though their
properties are of low value and are difficult, if not impossible, to sell
because of the current situation with Riverside.
In the case to be heard on
Tuesday Riverside is seeking to force Mr Malcolm Fraser Craik to agree to their
demands, and despite the fact that Mr Craik is a joint leaseholder with his 92
year old father, Mr M C Craik, he alone has been summoned to Court.
Mr Craik senior is far from the vulnerable
person described by Riverside and he will be attending Court on Tuesday morning
to participate in the proceedings.
Carlisle Councillor William
Whalen is supporting several leaseholders who have been summoned to the County
Court and he has written to the Leaseholder Advisory Service, which has offered
to hold a meeting for Riverside leaseholders in Carlisle on 31 May 2014.
This meeting will be held to
advise them on the terms and conditions of their leases and what actions in the
courts and tribunals can be taken by them to best challenge Riverside over all
aspects of the disputes they have with the landlord.
Councillor Whalen is most
concerned at the behaviour and tactics of the association towards those members
of society who are in an extremely weak position when having to defend
them-selves against a large well financed charity like Riverside.
The unpleasant culture within
the Riverside organisation is well known and is an extremely disturbing
development within social housing in Carlisle he says. Rory Stewart MP has been
kept fully informed of developments and continues to be very supportive of
leaseholders who have been affected by Riverside`s actions.
Contact
details:
Malcolm
Craik M.A., 27, St. Martin’s Drive, Brampton, Cumbria, CA8 1TQ Tel: 0169773182
Councillor
William Whelan, 32, Brook Street, Carlisle, CA1 2HY Tel: 01228 490668
April 27 2014
