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Lawyers Warn Many More Trapped In “Property Prison”



Lawyers have been appointed to represent more than 40 flat owners in a multi-million-pound fraud claim in the High Court after an alleged failure to identify extensive defects and fire risks during the construction of their block.


Milners Solicitors, headquartered in Leeds, is now warning that there is likely to be a significant number of leaseholders trapped in a “property prison” in similar buildings across the UK, with their homes also now unsellable.


Acting on behalf of 44 leaseholders, living in 32 apartments, Milners has filed a fraud claim against Zurich Insurance in the High Court.


The group action is accusing the firm of issuing 10-year home warranties despite not inspecting their properties – and seeking a compensation award potentially in excess of £5m.


At the centre of the legal dispute is the high-rise Aurora apartment block on Swansea seafront – built by York-based Persimmon Homes almost 20 years ago – where the purchase of their dream flat quickly turned into a nightmare for its residents.


Martin Scott, who specialises in complex High Court construction and engineering disputes, said the safety of high-rise apartment blocks was still in sharp focus following the Grenfell Tower fire disaster.


He said:

"Sadly, we know that Aurora residents are not alone in having to live in such financially devastating circumstances, which one client described to me as like ‘having a noose around her neck’."

“There are leaseholders in many other parts of the country who are enduring a similar story with structurally defective flats not being adequately inspected and now being forced to turn to the courts for financial redress.”


He added:

“The reality is, if you’re an owner-occupier of one of these apartments, like the 44 clients we represent, you’re living in a mortgage cage or a property prison which you can’t get out of."

“You can’t re-mortgage because nobody will touch you where there are fire issues, and you can’t sell because there’s no market, or a very limited market where cash buyers are prepared to take the risk. "


“And the truth is, a property purchase is the biggest purchase any ordinary person will make in their lives, so if that goes wrong, then their life goes wrong. So you’ve got to find a fix, or you have to be able to recover compensation for them to be able to move on.”


Residents at the Aurora development claim Zurich surveyors bypassed their own electronic inspection system to issue handwritten cover notes as proof of their insurance policy.


They said if they had realised their cover notes were issued in this way and without final inspections, they would not have completed the purchase of their apartments.


As well as problems with water ingress, residents claim that fire doors and fire breaks between apartments were inadequate. Milners operates a network of offices, including Leeds, Harrogate, Malton and Darlington.


Photo: Milners’ solicitor Martin Scott, who specialises in complex High Court construction and engineering disputes.

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Responding to the Government’s roadmap setting out how it will deliver its new package of additional employment legislation through Make Work Pay, Tina McKenzie, Policy Chair at the Federation of Small Businesses (FSB), said: “Today's timetable sets out when waves of disruptive changes will now hit small employers in the coming months."


“More than nine in ten small employers are already seriously concerned about this Bill, and the 28 new measures here have not yet been improved during the legislative process."


“The clock is now ticking, and without listening to proposals from business to improve these reforms, the changes simply add complexity and risk to new hiring and existing employment."


“Conflict and costs on small employers will escalate, which the Government itself estimates will mount to £5 billion a year. There is nothing in these announcements to help create growth or achieve 80 per cent employment."


“It’s a lot for small employers to take in – from changes to Statutory Sick Pay (SSP), unfair dismissal and how zero hours contracts work – and they don’t have HR teams to help them navigate the complex changes."


“Putting plans to expand unfair dismissal from day one back to the tail end of this whole process shows the Government realises just how complicated and difficult it is. But there’s no two ways about it; all it’s going to do is make small employers more reluctant to recruit and fearful of being open to vexatious claims. It will also open up a tribunal system already at breaking point to a flood of spurious cases. This will increase the denial of swift and fair justice to far more people."


“It’s those furthest from the jobs market who will then suffer, because the less risk small employers can afford to take, the fewer second chances, fresh starts and first jobs they’ll be able to offer. That means more people left on the sidelines, stalled growth and a ballooning welfare bill the country can’t afford."

“Small employers want to do the right thing, and crucially, they want to grow. Taking someone on must not mean risking a tribunal claim from day one, with the pressure to settle despite doing nothing wrong, or face two years of expense and worry. Of course, existing protections against unfair dismissal on day one, including for protected characteristics, are and must remain, non-negotiable."


“A practical way forward would be creating a dedicated route outside the tribunal system, handled by the new Fair Work Agency that will now launch next Spring. This would give employees a place to raise concerns while protecting small firms from being pushed into legal action before probation is even complete."


“The Government must conduct further work with small employers, fix the flaws and make sure that any new measure brought in actively encourages growth, rather than impeding it."


“Today’s timetable also now confirms the date for much larger SSP payments to come in, in April next year. That makes the coming Autumn Budget the key moment to bring in a rebate for small employers, allowing them to manage rising costs and easing the pressure when staff need to take time off when they’re sick."


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