Manor Vale, Brentford

Manor Vale is a 1930’s Art Deco block of flats, comprising of 72 flats across 4 separate blocks. Originally the roofs were flat, but these were converted to pitched roofs c. 1980.

In November 2017, the freeholder of Manor Vale, Parkcity Ltd (part of Delph Property Group) received planning permission from Hounslow Council to build an additional 7 flats in the roof space. Parkcity Ltd then leased the airspace under the roof to Manor Vale Lodge Ltd.

Manor Vale Lodge Ltd appointed Homes Design Ltd as architects for the build and ECDB Ltd as their builders.

During the lengthy construction period that followed, the existing residents were exposed to a lot of nuisance and inconvenience. Evidently, work not completed satisfactorily inside the new flats and the expected reinstatement and landscaping works were never completed nor were the promises of new communal facilities (such as recycling area and bike shed) honoured by the developers. When the additional flats were eventually completed, the development was signed off by an Independent Approved Building Regulations Inspector, Head Projects Building Control Ltd.

In March 2020, residents noticed cracks appearing at parapet wall level - that the roof rests on - and verbally reported this to Parkgate Aspen Ltd, the freeholder’s managing agents at the time.

In August 2020, London Borough of Hounslow’s Building Control team inspected the site at the request of the residents and confirmed that, although the structures were not deemed “dangerous” at the time, an inspection should be undertaken to understand the exact cause of the movement. The residents shared these findings with Parkgate Aspen Ltd.

In the same month, Parkgate Aspen Ltd arranged for an inspection by a structural engineer from Gurney Consulting Engineers. Their report dated September 2020 suggested that the likely cause of the damage was due to poor design (by the architects) and poor workmanship (by the builders).

The Gurney report concluded that it would appear the work undertaken by the contractor has compromised the structural integrity of the upstand brickwork and roof support. It also suggested temporary remedial works to be carried out if repair was not going to be undertaken within a few months (i.e. before the end of 2020). Parkgate Aspen and ECDB Ltd reinstated some of the ties in the open loft spaces however, no restraint has been instated within the length of the roof (i.e. through the new flats).

Between October 2020 and March 2021, Parkcity Limited sought legal advice from Trowers & Hamlins and sought to remedy the issue with Manor Vale Lodge Limited. According to the letter from Trowers & Hamlins to the RTM Companies upon handover, no admission to liability was made and Manor Vale Lodge Limited was unwilling to undertake the remedial works. Parkcity Ltd has since put any claims on hold pending the sale of the freehold title.

In February 2021, Parkgate Aspen Ltd submitted a claim on behalf of Parkcity Ltd against the Latent Defect policy which covers the new flats. An inspection was undertaken by Charles Taylor General Adjusting Services Ltd, the loss adjustors for Ark Insurance Group who had underwritten the policy.

In May 2021, Ark Insurance rejected the claim based on the endorsements that “[a]ny claims caused to the pre-existing structure are excluded from the policy cover” and the exclusion clause which states “[t]he Insurer shall not be liable to the Policyholder for any defects in existing works in regards to lossor damage due to or arising out of any defect in the design, workmanship or materials of any pre-existing structure of works constructed prior to the new development to construct the Residential Property.”

Following the rejection of the Ark claim, the RTM Companies submitted a claim under the building insurance policy. AXA, the insurers, carried out a site inspection on the 21st May 2021, and our claim has been referred to Keoghs LLP by AXA to determine the extent of their policy liability.

The RTM Companies are appealing against Ark Insurance’s claim decision and have sought appropriate legal advice. In the meantime, repairs are required to reinstate the structural integrity of the building and the RTM Companies are working with a structural engineer to do so.

The Manor Vale Right To Manage directors.

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