Sunday, 27 April 2014

NOW, A CHALLENGE FROM RIVERSIDE LEASEHOLDERS


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

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