Council 'can make costs claim' from flat owners

A council has passed the first stage in a bid to recover thousands of pounds from the owners of a block of flats, which was declared a fire risk.

Fifty one tenants at One The Brayford in Lincoln were told to leave in April 2025 by Lincolnshire Fire and Rescue Service, which said it was potentially dangerous for them to stay.

Accommodation, costing just under £80,000, was supplied for the tenants by the City of Lincoln Council, costs the authority is trying to recover.

Plantview Ltd, the building's freeholder, argued it should not be responsible for these costs. However, a tribunal published this week ruled the council has the right to claim.

According to the Local Democracy Reporting Service, the tribunal, held on 12 May, ruled the city council could recover the direct housing costs, although it would not be able to seek money for its legal and staffing costs.

It is the first in a series of legal hurdles the authority would need to clear.

Residents of the development at Brayford Wharf North were able to return to their homes in October 2025 after the fire service, which originally found they were unlikely to escape a fire due to combustible external walls and insufficient fire detection systems, was satisfied safety changes had been made.

During the tribunal hearing, Plantview Ltd argued residents had not been legally forced to leave the building, with some staying behind.

It claimed the prohibition notice served by Lincolnshire Fire and Rescue was a "recommendation or advisory".

Both parties agreed there were fire safety problems with the building, although Plantview Ltd claimed they did not pose an imminent risk.

Judge Sian Westby ruled the residents had been decanted from One The Brayford, meaning the council was entitled to seek compensation.

During the tribunal, Westby stated "the financial consequences of building safety defects fall on those connected with the building, rather than on public authorities or leaseholders".

City of Lincoln Council did not wish to comment and the BBC has made efforts to contact Plantview Ltd. The building's management company RMG said it was unable to comment.

Correction 24 June: This article has been updated after a correction note was issued by the LDRS, stating: "The tribunal is the first in a series of steps the council will need in order to recover costs, and hasn't reached a decision yet." The original article stated Plantview Ltd had been ordered to pay the almost £80,000 costs, when in fact, the tribunal had ruled City of Lincoln Council has the right to proceed with a claim.

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