Notice of enforcement action has been issued to the company responsible for Arlington House in Margate due to structural issues with the building’s concrete that first came to light a decade ago and fire alarm system improvements still awaiting completion after five years.
The Building Safety Regulator has refused to issue a safety certificate for the 18-storey high-rise tower block and has ordered Metropolitan Property Realizations Ltd (MPRL) – the Head Lessee of Arlington – to undertake a full structural survey by 14 July and a full fire safety compartmentation survey by 14 August.
Compartmentation divides a building into smaller, fire-resistant compartments to prevent the spread of fire. This is achieved through fire-resistant walls, floors, and doors, isolating a fire and limiting its impact.
Structural issues
In the compliance notices issued by the regulator, MPRL – which is a subsidiary of umbrella company Freshwater – is told its assessment of building safety risks, “in particular risk arising from structural failure” is not sufficient.
The notice highlights problems with “structural stability” related to the concrete of the building, the condition of the roof and drainage and the fire protection in place for residents.
Fire safety
In 2019 MPRL was issued with an enforcement notice for 15 fire safety failures following an inspection by fire safety officer Barbara Campini.
Failures included the fire alarm panel showing faults/disabled. And smoke ventilation windows on each floor not opening easily, some are stuck due to poor maintenance.
The latest compliance notice highlights the risk of fire spreading and issues with the smoke control system, windows that are in a poor state of repair and the “South Staircase having no effective ventilation provided”.
It also says windows within the flats show signs of corrosion within the frame and around the masonry supporting the window. A fire safety report goes on to state that in the event of a fully developed fire within a flat, it is likely the windows would fail early on, creating the additional risk of a wind driven blaze.
The fire risk has resulted in the block now having a 24/7 fire watch which flat owners say is costing a huge £48k every month.
‘Absolutely nothing done’
Long-time Arlington flat lessee and campaigner, John Moss, says it came as no surprise to him that the BSR had refused to issue a safety certificate.
Mr Moss said: ”Freshwater was certainly aware as long ago as 2015 that some of the concrete was spalling (breaking away) from the external panels of the building.
“A notice was served on lessees by Freshwater in 2017 stating that it intended to carry out repair works – but absolutely nothing has been done. As a result, scaffolding has had to be erected around the base of the building to prevent injury to residents and the building insurance premium has more than doubled because of the increased level of risk.
“Unfortunately, it does not stop there. We are now into the third month of having to have four fire marshals patrolling the building 24/7 at a cost of £48,000 a month.
“This situation has arisen as a further failure by Freshwater to implement changes to the fire alarm system since 2020. An application was made to Thanet council for Building Regulations Approval and was approved.
“However, the works to add two dozen additional fire alarm sounders to the existing system and upgrade the fire alarm panel were not started until March of this year. Those relatively minor works have still not been completed.
“So much money is now being wasted. It could have been spent on carrying out the repairs a decade ago. Then we would not be in this predicament.
“The flats are effectively blighted and unsalable because of years of neglect by both Freshwater and (freeholder) Thanet council.”
Enforcement
A Health and Safety Executive spokesperson said: “BSR has taken enforcement action, requiring MPRL to undertake a full structural survey by 14 July 2025 and a full fire safety compartmentation survey by 14 August 2025.
“The Building Safety Act requires that these notices are displayed prominently within the building.”
Banning order
Councillor and former Arlington resident Rob Yates said he aims to have Freshwater banned as a rogue landlord if they do not comply with the enforcement orders.
He said: “If Freshwater refuse to comply with the HSE I will push for a banning order to be introduced against Freshwater, meaning they will be banned from managing property as a rogue landlord. Residents deserve better.”
‘Matters of importance’
Jonathan Ainsley, Director of Property for Freshwater, said: “We are working closely with the BSR/HSE together with all other relevant parties to address the issues raised in the notices. It remains a priority to Freshwater, that matters of this importance are dealt with through the relevant channels.”
Thanet District Council is also due to serve a Hazard Awareness Notice to MPRL.
Failure to comply with the compliance notices is an offence and could result in a fine, imprisonment or both.
If the owners and management company, haven’t done the work by now what’s the chance of the work being done soon.Haul the owner/ management company directors to court and send them to prison for negligence,then maybe the idiots left might do the work
Good point ray the bread. About time this happened.
Mr Bread makes some trenchant points
This building was due to be re cladded and upgraded as part of the Tesco plans. Louise Oldfeild if a recall launched a judicial review and over turned the planning approval!
I don’t wish anyone any harm but it was not Freshwater the ruined this development….
Steve – your assertion is incorrect. Cladding was never mentioned. There was no judicial review. Planning approval has not been overturned. You are wrong on every count. Please try to stick to facts.
There were proposals to demolish the residents’ car park to make way for Tesco. Freshwater proposed to charge lessees £17,000 each (plus surveyors fees, admin fees and VAT) for new windows and to clean the outside of the building. At the last minute, Freshwater agreed to sweeten the deal by paying for the windows in order to curry favour with the Planning Inspector.
Freshwater was given consent but by that time, Tesco had changed its expansion policy and was no longer building superstores – concentrating on convenience stores instead.
That was 15 years ago. In the meantime, Freshwater has done nothing with the site except demolish a few of the shop units in Arlington Square – despite planning consent for new shops, store and hotel being extant.
The fact of the matter is that Freshwater has ruined the development by allowing it to fall into decay – and TDC has been complicit.
I’m thinking legal action. What can we do?
C’mon, knock it down – before it falls down.
I AGREE WITH U.
It’s a grand building and needs to be made safe and returned to its original condition.
That monstrosity spoiled my view for 19 years.
Back on topic, I look forward to cargo planes flying over Ramsgate again. I always loved watching them whenever I visited.
Most locals do.
Would make a great site for a grassy area, as there was opposite prior to The Promenade.
(2nd reply was for Mark, someone with a bit of common sense).
It’s the flat owners I feel sorry for as they are going to be the ones paying their share of the £48,000 a month costs For the fire marshal patrols. It won’t be MPRL/Freshwater paying that, they will be passing those costs on. Considering it is their negligence that has brought matters to this point, there should be some legal recourse, but of course that will then involve huge legal costs. The board and management at both MPRL & Freshwater will no doubt still be taking home their high salaries and getting bonuses. Absolutely shameful.
Jane, you are right for those flat owners who live there as their only home. But some have bought flats, dirt cheap as second homes, to do up and showcase on social media without even bothering about the external state of the building being unsafe or falling into disrepair, as it has for years.
Hopefully this time the Building Regulator will have powers to hold to account those responsible for its decline.
There is no way Mr Moss is that worried about flats being unsalable as he would have nothing to obsess and whinge over 24/7 if he ever moved out .
Over decades Mr Moss has saved residents thousands of £’s in overcharged service charge payments and excessive/illegal electricity costs. Long may he continue to ‘obsess and whinge’.
Freshwater are a part of Tesco basically same company
The words ‘molish’ and ‘de’ spring to mind!
Ewan Uzarmi- they may to you, but they obviously don’t to quite a lot of people.
It is plain to see the residents of Arlington house have for decades been failed by TDC successive elected administrations and Freshwater ( MPRL).
The collusion and complicity by all parties in the managed decline of this building has been shocking.
Will the influx of supposedly influential” connected “ new property owners / leaseholders in the building have any impact ?
Will the building regulator enforce its powers over all parties time will tell , evidence to date is not that encouraging.
Are not Thanet District Council (TDC) the outright owners of Arlington House as they hold the freehold on behalf of Thanet Residents. TDC in their wisdom at the time decided to lease the property to Freshwater who have subsequently sub leased to the present leaseholders. As freeholders it is up to TDC to enforce the terms of the lease. This can only be done if sufficient residents complain. The issue is that the debt eventually falls onto the residents some of whom may not be able to afford the costs involved thus they will not complain. It becomes a very vicious circle because the leaseholders- Freshwater- will/may not carry out the required works until they have the money up front. The priority could be payment to shareholders. ?