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‘Traumatised’ residents considering legal action against housing association over fire
Former residents of a housing association block badly damaged by a fire in 2019 are considering legal action against the landlord for trauma and the loss of their homes.
Twelve flats in 122-124 Pankhurst Avenue in Brighton, owned by The Guinness Partnership, were engulfed by flames after the blaze started accidentally as a result of a discarded cigarette on a balcony in September 2019.
All residents of the three-storey timber-framed building, as well as a neighbouring block and houses, had to be evacuated by firefighters despite a ‘stay put’ policy being in place.
Four flats and the roof were completely destroyed. The block was so severely ravaged by the fire that it had to be demolished.
Residents of the block, as well as those from the surrounding estate who were displaced and are yet to return home, have now launched a campaign to crowdfund £7,000 to investigate legal action against Guinness plus the block’s developer and architects.
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Guinness, which owns and manages around 65,000 homes across the country, said in its statement the building “did not perform as it should have done” in the fire, but that an investigation by East Sussex Fire & Rescue Service had not suggested negligence on the part of the housing association. The fire service has also previously said it will not be pursuing legal action against Guinness.
The fire service noted in a report investigating the fire, seen by Inside Housing, that the speed and extent of the fire would have represented a significant risk to life of those living in 12 flats on the upper floors of the block. However, it did added that the time of day, alertness of the occupiers and their ability to evacuate the building partially mitigated that risk.
It also concluded that fire-stopping within the roof void was inadequate with regards to preventing the rapid and extensive fire spread within the building’s roof.
The residents, some of whom lost all their possessions in the blaze, claim the extent of the fire could have been smaller if the building had been “properly designed and/or constructed” and that if Guinness had “undertaken proper investigations, these defects could have been identified earlier”.
In a statement they said: “When our homes were destroyed in 2019, we never expected to still be continuing our fight for justice at the loss of our homes, treasured possessions and the trauma of having to flee from a burning building in fear of our lives.
“In order to stand up to large organisations like The Guinness Partnership, we are calling for members of the public to help us with our campaign, if they can, showing landlords that they cannot get away with ignoring safety concerns.”
Brenel Menezes, an associate at solicitors Hodge Jones & Allen, who is representing the residents, said: “For too long the former residents of Pankhurst Avenue have had their questions about what led to the destruction of their homes ignored.
“It is clear that this building did not meet fire safety standards – and we believe this is down to the negligence of The Guinness Partnership and others.
“The time for waiting patiently for an explanation is over, the families deserve answers.”
Guinness said there was no suggestion from the fire service of any negligence on its part.
The Pankhurst Avenue Estate was built in 2008 by contractors Osborne and designed by Mackellar Schwerdt Architects. However, now Guinness has plans to demolish and rebuild the estate.
A spokesperson for the association said: “We have been working with and supporting residents of Pankhurst Avenue, Brighton, since the fire, which destroyed the homes at 122-124 Pankhurst Avenue.
“The homes at Pankhurst Avenue were built in 2008. The building did not perform as it should have done in the event of a fire.
“Following their investigation, there has been no suggestion by East Sussex Fire & Rescue Service of negligence on the part of The Guinness Partnership.
“Residents rightly state that part of their campaign is about ‘showing landlords that they cannot get away with ignoring safety concerns’. At no point prior to the fire had residents raised fire safety concerns with us.
“We have shared with residents the fact that we are developing proposals to rebuild the estate. We believe this will enhance confidence in the safety of the homes.
“We cannot comment on any action being taken by ourselves or our insurers against third parties involved in the design or construction of, or building control approval for, the homes at Pankhurst Avenue.”
A spokesperson for Osborne said: “We are aware of the fire that took place in residential flats on Pankhurst Avenue in Brighton on Friday 20th September 2019, and it was reassuring at the time to hear that there were no resulting injuries. We are engaging closely with The Guinness Partnership and until our discussions and consultations are thoroughly concluded we are unable to comment further.”
Inside Housing has contacted Mackellar Schwerdt Architects for comment.
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