A COUPLE have launched a campaign to save their home from demolition by the brother-in-law landlord who has been ordered to make it “fit for human habitation”.
Nick Charlton and Claire de Mortimer are urging the public to petition a Scottish council as they fight an application to raze their rented countryside cottage.
Named Barr Bheag, the metal-clad, timber frame home dates back to the 1930s and is situated on the hills above Taynuilt in Argyll and Bute.
The Glen Lonan dwelling is located on the 4000-acre Barguillean farm, which was once owned by Charlton’s grandparents and has been in the family's hands ever since.
Following the death of his sister Josephine 20 years ago at the age of just 34, the property passed to the Josephine Marshall Trust, with her husband Robin Marshall one of the trustees.
Known professionally as Tony Marshall, the solicitor is a partner in the Construction and Engineering Practice Group of law firm Hogan Lovells in London and lists his specialisms as including “dispute avoidance and dispute resolution”.
However, the Trust was taken to a specialist tribunal by Charlton and de Mortimer last year over the failure to maintain and repair their property.
The panel found the Trust, as landlord, had “failed to ensure” the cottage is “fit for human habitation”.
Inspectors found rotted woodwork on the floor and rear door, internal damp and holes in the iron cladding.
A three-month deadline on ordered repair works was extended by a further six months in June after the landlords said they had been unable to gain access to begin.
The property is still untouched and an application to demolish the property has now been lodged with Argyll and Bute Council.
Charlton has lived at the cottage for around 13 years under an assured tenancy and runs the Rusty Cycle Shed hire and repair business from the site. In December he was served a writ for repossession of the hut from which the business operated for the past 12 years.
Charlton said the landlord’s solicitors told Oban Sheriff Court they now plan to raise proceedings for repossession of that structure on the grounds of demolition.
The couple launched the Save Barr Bheag campaign last week, urging supporters to email or write to the local authority to back their case. Last night more than 220 responses had been submitted.
Appealing for support online, the couple said: “It is under threat of demolition by our landlord in order to secure our eviction.
“A planning application has been made to Argyll and Bute Council for the demolition of Barr Bheag as a way of avoiding compliance with a Repairing Standard Enforcement Order issued by the Scottish Courts for essential repairs which are the landlords’ responsibility.
“If this action goes ahead, not only would we lose our home and business premises of 13 years, but it could set a dangerous precedent for the future, allowing other landlords to behave similarly and so depriving others of their homes.”
In his own submission to officials, Charlton quotes a written submission by Marshall to the First Tier Tribunal in December. It states: “The landlord has not contended that demolition of the house is necessary.”
Charlton claims granting the application would be contrary to the local plan, which prioritises support for tourism and the provision of affordable housing. He also suggests the demolition of the house, “with no proposal to rehouse the tenants”, may contravene human rights rules.
The tenant states: “The demolition is not being proposed out of necessity but simply as a means of achieving eviction for personal reasons.”
A survey commissioned by Charlton found repairs to the house would cost around £25,000.
However, it notes that the council administers a grant scheme for the upgrade of private homes and that Barr Bheag may be eligible for such help. It goes on: “If essential repairs to the metal cladding and lack of insulation were addressed, the property would continue to provide family accommodation in a desirable location.”
The couple have contacted local politicians for help and the petition is available at www.nick8577.wixsite.com/save-barr-bheag, with council submissions open until January 23.
De Mortimer said: “This is Nick’s grandparents’ farm, he has been coming here all his life. This is not just about losing our home, it’s about losing that connection to his family.
“It’s unlikely that we will be able to find somewhere else in the area that is affordable and where we can run a business.”
Speaking for the Trust, Marshall declined to comment in detail, but said: “This is all part of an extremely unhappy and unfortunate family situation.
“There are many things being asserted, the truth of which we don’t accept. It is part of the whole scenario.”
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