Update June 2023
Following a decision that the temporary suspension of Northend Management from the National Codes should be referred to the Tribunal for a final determination, this body met as a Full Tribunal on May 4th 2023 and invited both the provider and complainants to attend in order to provide the Tribunal with information that would help it make a decision. After listening to the relevant parties the Tribunal was of the opinion that Northend Management should be expelled from the Code.
Original Article
On January 24th 2023 the West Yorkshire Fire and Rescue Services served a Prohibition Notice on Northend Management, the operators of Eldon Court, St Marks Road, Leeds, a student accommodation block, with respect to issues that they had identified in block 1 of that development. This Notice prohibits occupation of the premises from that date until matters specific within the Notice have been remedied. The Notice resulted in the occupants of the building being evacuated immediately and further details from WYRFS can be found here: https://www.wyfs.co.uk/news/students-evacuated-flats-deemed-unsafe There were two specific matters that gave rise to the issuing of the notice.
Inadequate means to ensure the means of escape can be safely used in case of fire;
Insufficient means to reduce the risk of fire spread.
The notice states that the measures to remedy these matters should include compartmentation is provided throughout the building, but specifically within the smoke ventilation/services void and basement area to prevent the passage of smoke and fire. Having been Notified of this action, the Chairs of the National Codes Audit Panel agreed that Northend Management should be suspended immediately from the National Code whilst further investigations are undertaken.
The National Code understands that on 14th February 2023 Northend Management, the managers of the recently evacuated Eldon Court, confirmed in an email to all tenants affected what they had previously told the National Code Administrator which was:
a) Any tenant who wished to cancel their contract can do so by email.
b) Once cancellation of the contract has been notified, tenants should remove their belongings from Eldon Court in a timely manner (the National Codes would suggest leaving no longer than three working days to do so). As entry to the building is limited, a slot should be arranged with Northend Management to gain access to any room.
c) Tenants will be refunded rent from the evacuation date of 24th January 2023. Tenants should check that Northend Management have the relevant bank details to process this (if they have not already done so).
d) Refunds should be processed by 21st February 2023 if details have been provided.
e) Some tenants may choose to wait until they can return to Eldon Court to live. The National Code advice is that there is no definite timescale for remedial works to be undertaken and delays have already occurred. Students may wish to enter into more permanent accommodation arrangements in order to minimise further disruption to their education, rather than face the uncertainty of when they may be able to return.
The National Code has asked Northend Management to consider making a one-off payment in recognition of the inconvenience they have caused their occupants and this is under consideration. There is, however, no provision within the National Code for enforcing this (unlike late construction where a schedule of payments applies). A further update on this will appear when appropriate. The National Code Complaints Investigator has received a number of complaints about this matter and these are being investigated and those complaining will receive responses when that investigation is completed.
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