Every leaseholder knows how difficult the relationship with a Council can be. No leaseholders know this better than those who have represented Haringey’s leaseholders at the Haringey Leaseholder Association over the last two decades and more. Since about 2007, one way or another, the HLA either in its own name or in that of key officers, has had legal issues first with Homes for Haringey and then with the Council.
There have been serious disputes. The HLA has fought two judicial reviews, a case involving the unlawful ejection of its then Chair from the main resident body of the time, the Resident Scrutiny Panel, and then, most recently, a six-year long battle at the Freedom of Information Tribunal concerning a report issued by that same Resident Scrutiny Panel.
There was also an additional volume of Freedom of Information work that involved years of effort at the level of the Information Commissioner, lengthy correspondence with the regulator over the renewal of Homes for Haringey’s contract in 2018 and complaints to the Housing and Local Government Ombudsmen.
On top of all of this, there was the constant work of keeping the Association functioning in line with its constitution and securing recognition of its role in representing leaseholders to our collective freeholder. Twice the HLA was ‘derecognised’ and twice it fought back to regain its rightful position and keep an independent voice for leaseholders.
Democracy matters. The HLA is the only remaining resident body that’s democratically elected and representative. Here in Haringey we are only a tiny microcosm of democracy but healthy bodies are made up of healthy cells, lots and lots of them. If we don’t fight these inglorious, grueling, battles in our own back yard we can’t hope for the bigger picture to change. So what we have achieved at the HLA is a precious thing. Representative bodies are not puppets and a genuinely independent voice will sometimes raise issues that are challenging for those in power.
So, given this background, it is with a mixture of hope and trepidation that we can announce the settlement of the Freedom of Information case at the Tribunal. This counts as one of our legal successes in that it was only possible because we successfully won an appeal. It is also exceptional, as our barrister points out (see here), in that we finally persuaded the Council to deal with the underlying political issues at stake in our relationship.
Over the years we have had glimpses of the majesty of the law but we have also had our noses rubbed in its ugly and unpredictable side. We were fortunate though in having a very fine solicitor in Mr Riz Majid of Bark and Co Solicitors Limited who stuck with us all the way through. Special thanks also go to Sam Fowles of Cornerstone Chambers, our fearless barrister.
We at the HLA deserve better that the treatment we have received from this Council so far and we won’t stop reminding those who wield such power over our lives and homes that we should never ever be taken for granted.
Here is a link to the joint agreed statement accompanying the settlement. Note that the Council have agreed to a meeting to discuss the further development of the HLA. This of course is very welcome.