Tenant Agrees to Provide Reports on Heating and Insulation

OUTCOME: Allowed

© CROWN COPYRIGHT 2023

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : CHI/43UL/HIN/2022/0032

Property : 16 [ADDRESS] [POSTCODE] Applicants : [redacted] : Mr [COUNSEL] of Counsel Respondent : [redacted] Representative : Ms [COUNSEL] of Counsel

Type of Application : Appeal against Improvement Notice Tribunal : Judge F J Silverman MA [NAME]

of Consideration : 02 May 2023 Date of Decision : 02 May 2023

2

DECISION AND ORDER

1 The hearing of this matter took place before a Tribunal sitting in Havant on 02 May 2023 at which the Applicant was represented by Mr [COUNSEL] of Counsel and the Respondent by Ms [COUNSEL] of Counsel. 2 Following discussions the parties reached an agreement as set out in the schedule attached. 3 The Tribunal therefore makes an Order in the terms attached.

Judge F J Silverman as Chairman Date 02 May 2023

CASE: CHI/43UL/HIN/2022/0032 IN THE FIRST-TIER TRIBUNAL

RESIDENTIAL PROPERTY CHAMBER SITTING AT THE HAVANT JUSTICE CENTRE

IN THE MATTER OF NUMBER 16 THE STREET, WRECCLESHAM, FARMHAM, SURREY, [POSTCODE]

B E T W E E N :-

[APPELLANT]

APPLICANT

-v-

WAVERLEY BOROUGH COUNCIL RESPONDENT

______________________________

ORDER

_______________________________

ON THE 2ND MAY 2023 BEFORE TRIBUNAL JUDGE (

)

UPON HEARING FROM COUNSEL [NAME] FOR THE APPLICANT AND [NAME] FOR THE RESPONDENT COUNCIL

PREAMBLE:

A. By 2 June 2023, Mr [APPELLANT] will provide the Council with a report (“Heating Report”) from a suitably qualified “Gas Safe” heating engineer at his own cost, to provide a report on an affordable, thermostatically controlled heating system whether that is gas or electrical operated to maintain minimum internal temperatures of 21 degrees in the living room, 18 degrees in the bedroom and 22 degrees in the bathroom (when the external temperature is -1 degrees) with a view to carrying out those works before 2 September 2023.

B. By 2 June 2023, Mr [APPELLANT] will provide the Council with a report from a suitably qualified expert at his own cost (preferably from [NAME]) to survey the Property and assess the viability of cavity wall insulation.

IT IS ORDERED BY CONSENT THAT:

1. The appeal against the Section 12 Notice (Category 2 hazards) dated 1 November 2022 is withdrawn so that it takes effect immediately and the timeframe for compliance is one month, that being 2 June 2023.

2. The Section 11 Notice (Category 1 hazards) dated 1 November 2022 is varied so that compliance is required by 2 September 2023.

Dated this 2nd day of May 2023.