Marcus Allen

Estates & Management Ltd

Molteno House, 302 Regents Park Road
London N3 2JX

DX: 57286 Finchley 2

Switchboard: +44 (0)20 8371 2800
Website: www.e-m.uk.com

Our Reference: Legal. Lit/FA/Li/0808

27 June 2018

Mr Kevin McLoughlin
Senior Coroner g
Coroner's Office and Court a Nap
71 Northgate a
Wakefield
WF1 3BS re Tan

aval [S97 (ex (i, EF 20

Dear Mr McLoughlin

Response to Report to Prevent Future Deaths — Regulation 28 of Coroners (Investigations)
Regulations 2013

Further to your letter of 6 June 2018 to of Radcliffe Investments Limited
(‘Radcliffe Investments’) and etter to you of 12 June 2018, | am writing to you on

behalf of Radcliffe Investments having carried out an investigation into this matter.

We are very sorry to hear of the tragic incident that took place at 34 Whingate Mill last year. We
thank you for drawing this matter to our attention and I do apologise that your initial letters were not
passed to our legal department or a member of the senior management team as they should have
been. Please be assured that further training has been provided to our teams in order to address
this.

Background

Our client, Radcliffe Investments, acquired the freehold interest in Whingate Mill on 1 August 2017,
which comprises 39 residential apartments held by leaseholders on long leases and which was
converted in around 2017. The leases are made between 3 contractual parties including the
landlord, leaseholder and a management company, Mill 39 (Management) Limited (“Mill 39°).
Pursuant to the terms of the long leases, Mill 39 is contractually responsible for the maintenance of
the structure, exterior and common parts of the development, including the windows. We should
point out that our client was not made aware of the tragic incident at the time of acquisition and
was unaware until your letter notified us.

Actions Taken
Since receiving your communications, Radcliffe Investments, through us, its agent, has taken the

following steps in order to ascertain further information about the development and facilitate
remedial actions.

As far as we were aware, Estata Property Management (“Estata”) had been appointed by Mill 39
as property managers to carry out its maintenance obligations at the development as set out in the
leases.

Registered Office: Moltenc House 302 Regents Park Read London N3 2JX Gompany Registered in England Registration Number: 3244100

In order to immediately add ints j ort, we sought to get in contact with the
directors of Mill 39, We subsequently discovered from records
at Companies House that, in fact, the company dissolved on 19 December 2017. We now
understand from Estata that the former directors have instructed solicitors, Milners, to reinstate Mill
39.

Our head of our Prope: iin Butnick, made contact with Estata on 13 June and
spoke at length <P manager to investigate further.

onfirmed that he was unaware of the incident until he received a letter from you. He
told us that he was drafting a response to you and contacting various letting agents, who act for
leaseholders who do not live in the apartments but sublet them, in order to gain access to inspect
all windows as soon as —_ confirmed that he would arrange for the
installation or repair of restrictors where necessary. dlailirequested a copy of the most recent fire
risk assessment and health and safety report from Estata which he reviewed that evening, on
receipt, and observed that there were no references to the windows.

also spoke with the former director of Mill 30 NE that evening. HE tod

that he had been involved with the renovation / conversion of the development having
retained 2 of the apartments himself. [J also confirmed that he had been aware of the
tragic incident_and that f Leeds City Council Building Control! had been dealing with
your incu eer that following the incident the developer had visited to
inspect all of the windows to verify that where restrictors were required they had been installed
although we have not carried out our own physical inspection in order to verify this.

HEE subsequently spoke with Estata at length on 14 June, 18 June, 19 June, 21 June and 22
June 2018, and has continually impressed upon the urgency to ensure that Estata take all
necessary steps and prioritise the facilitation of access to all apartments in order to check the
presence and operation of window restrictors as a matter of urgency.

Having carefully considered your report BB ecuested that an urgent survey of all windows at
the development be carried out by Estata to check for restrictors and for them to be fitted wherever
they were either not present or found to be fauity. As at the time of writing this letter, Estata have
confirmed that it has completed its survey of all of the windows at the development and in a
number of instances restrictors are missing or broken. [J asked Estata not to delay the
remedial works pending completion of all surveys and that it should immediately install any missing
restrictors and replace those found to be broken or faulty.

Zz has also requested that, once the works are complete, annual health & safety checks are
made by Estata to verify the restrictors remain installed and functioning correctly to ensure such
incidents do not occur in future and will continue to liaise with Estata on a regular basis until such
time that he is satisfied that all apartments have been surveyed and restrictors which operate
properly are fitted throughout. has also asked that windows located in the common parts of
the property be inspected by Estata on a 6 monthly basis.

Action Proposed to Be Taken
By way of summary, the following further actions are now proposed in respect of the development:

1. Following completion of the window surveys on 22 June by Estata new or replacement
restrictors are to be fitted to all windows above ground floor level where restrictors are
missing or defective. We have been told by Estata that this will be dealt with as a matter
of urgency by a reputable contractor appointed to carry out the works. a follow
this up and seek confirmation from Estata that the works have been completed and a
fresh health and safety report carried out. 2s pointed out to Estata that under the

terms of the leases the windows form part of the common parts and need to be
inspected as part of any health and safety report carried out.

. Mill 39 is to be reinstated by its former directors —-Bihas been advised by Estata

that Milners solicitors have provided the necessary paperwork to the directors of Mill 39
to enable the company to be reinstated. Philip will be seeking regular updates on the
progress of the reinstatement application.

. As part of our investigations we have found that the majority of the apartments at the

development are sublet via letting agencies. Estata have notified us that they will ask
the letting agencies to inspect the properties at regular intervals and notify them of any
issues with the windows (or indeed any other safety issues).

Radcliffe Investments will also be writing to all leaseholders at the development to

, remind them that they should notify the landlord of any subletting arrangements and

register details of their subtenant with us so that there is a record of occupancy
assisting Estata with the day to day management of the development and to ensure that
leaseholders’ tenants understand they should notify Estata immediately regarding all
defects or issues.

Please do not hesitate to contact me directly should you require our client to take any further action
or require any further assistance.

Yours sincerely

For and on behalf of Estates & Management Ltd

ni

is If1- So fees SY Karen.
“LISA

Kevin McLoughlin
Coroner’s Office and Court
71 Northgate

Wakefield

WF1 3BS

RE: KM/KLA/1919/17 Monday, 25 June 2018
RE: Whingate Mills, Leeds

Dear Kevin,

Further to your letter, 7th June 2018. | can confirm receipt of the Regulation 28 Report.
The following actions have been undertaken:

Initial survey of flats. This identified that restrictors are installed on some windows and are
functioning correctly. Flats have been identified where restrictors are missing. We will install
restrictors where necessary utilising service charge monies held.
Letters sent to every leaseholder of apartments at Whingate Mills notifying them of the report
and request for a full survey to be carried out. Where restrictors are not present, these will be
installed using service charge monies.
Contact made with all letting agents active at Whingate Mills notifying them of the report and
request that they remind the residents of the importance of the restrictor, to report any faults
which may develop and also ensure the restrictors are checked during change of tenancies.

- Contact with the developer of Whingate Mills, Structured Homes Limited to notify them of the
report.
Amendments made to our Health and Safety Risk Assessments to undertake annual inspections
of apartments to check the restrictors are functioning correctly.

Yours sincerely

Development Manager

Estata Limited
0113 88 002 88

myhome@estata.co.uk
Management Office, Twenty Twenty, Skinner Lane, Leeds LS7 1BB

Registered in England, Company number 06887714.
Registered address: 3 Kingsley Avenue, Milnthorpe, Wakefield WF2 7EA