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Margate's Arlington House tower block managers criticised in property tribunal ruling

By: Matt Leclere mleclere@thekmgroup.co.uk

Published: 18:37, 21 June 2019

Updated: 04:36, 22 June 2019

A judge has slammed property managers after identifying a series of failings at a Kent tower block including fire safety breaches for more than four years.

The criticism came during a property tribunal when residents at Arlington House in Margate questioned the amount the company was charging in service fees.

Residents claimed Trinity Estates were not carrying out appropriate management of the 19-storey block of flats on the seafront.

A series of management failings and fire safety concerns have been raised about Arlington House in Margate (12782302)

The building is owned by Thanet District Council and let to Metropolitan Property Realizations (MPR) on a long-term lease - with the council now saying it is reviewing whether to take legal action against the leaseholder.

The two-day hearing heard in April in Ramsgate was told about a series of mismanagement concerns.

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In a verdict published earlier this month, the judge ruled overall leaseholders MPR is currently charging residents nearly £30,000 too much for services.

The judge ordered MPR to slash its charges and told Trinity Estates - which was appointed by MPR to manage the building - to reduce its fees by nearly a third following the "shortcomings of the managing agents".

Residents in the 142-flat block are now due to receive a total of £105,000 in refunds after resident John Moss was brought to court by MPR in a dispute claiming he owed more than £5,500 in missed payments.

A series of management failings and fire safety concerns have been raised about Arlington House in Margate (12782304)

Judge checking first name Morrison highlighted a "lack of financial scrutiny" and a range of "inadequacies" which included failing to deal with fire safety issues "over a prolonged period" dating back to 2015.

She said Trinity had failed to provide written agreement for management and a partner company for caretaker and cleaning services.

The firm also used contractors from outside Kent without justifying reasons for why it had not used local contractors, which the judge said could have kept costs down for residents.

Ms Morrison also ruled Trinity were failing to interact with residents, carry out routine repairs and required major works which wasted costs on surveys without work subsequently taking place.

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Kent Fire and Rescue Service has also issued an enforcement notice highlighting 14 failures which must be carried out by October 9.

These range from faults to the fire alarm and detection system, smoke ventilation windows were stuck and would not open, self-closing device on one flat's front door failed to shut automatically, various doors did not fit tightly enough to prevent the spread of fire and smoke throughout the building.

In the report, the fire service also noted the hose reel on the ground floor had been disconnected, fire resistant material being removed between floors and electric service point doors were not all fitted with locks to ensure walls resist fire spreading.

A series of management failings and fire safety concerns have been raised about Arlington House in Margate (12782300)

Simon Pengelly, chair of Arlington House Resident and Leaseholder Association, said: "Whilst we are pleased with the result that each flat will each get back some £600 to £800 in overpaid service charges, we are still suffering from poor management at the hands of Trinity Estates.

"Issues raised with them over years have not been resolved and Trinity Estates refuses to liaise with the association.

"A notice issued by the fire brigade include repairs that need to be carried out which are relatively minor but have not been carried out.

"I must stress that Arlington House is not another Grenfell tragedy waiting to happen – the building is very fire-resistant, we do not have any cladding and we have two fire escapes.

"However, we have already paid for works to be carried out to doors and service ducts in 2017 and are now expected to pay again.

"There is a maintenance contract for the fire alarm system yet faults remain despite repeated complaints to Trinity."

Ward councillor for Margate Central, Rob Yates (Lab), who lives in the building, added: "I have seen a steady decline in building repairs and maintenance.

"I was elected ward councillor last month and I am advocating for Trinity to take some positive action, accept its responsibilities for managing the building properly and engage with the residents on a regular basis."

"I have seen a steady decline in building repairs and maintenance,'" - Cllr Rob Yates

A council spokesman said: "Whilst Thanet District Council owns the freehold of the site, the building is let on a very long lease which reserves very limited powers or responsibilities to the council.

"Although the day to day management of the property is the responsibility of the head leaseholder, the safety of Thanet residents is paramount and this issue is taken very seriously by the council.

"The council is reviewing this situation and is seeking legal advice to understand what action can be taken."

Chris Tompkins, operations manager for Trinity Estates, said: "We are currently reviewing the determination provided by the first tier tribunal, until this review is complete we are unable to make any further comment."

Read more: All the latest news from Thanet

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