“Though the Witch knew the Deep Magic, there is a magic deeper still which she did not know. Her knowledge goes back only to the dawn of time. But if she could have looked a little further back… she would have known that when a willing victim who had committed no treachery was killed in a traitor’s stead, the Table would crack and Death itself would start working backward.” - Aslan, C.S. Lewis, The Lion, the Witch and the Wardrobe
Showing posts with label Housing Act 2004. Show all posts
Showing posts with label Housing Act 2004. Show all posts

The Sewer Gas Was Visible. The Accountability Was Not.



⟡ “The Gas Was Real. The Duty, They Say, Was Not.” ⟡

RBKC Reiterates Its Refusal to Accept Liability for a Prolonged Sewer Gas Leak, Claiming No Statutory Duty Despite Known Risk to Health

Filed: 11 March 2025
Reference: SWANK/RBKC/EMAIL-07
πŸ“Ž Download PDF – 2025-03-11_SWANK_Email_RBKC_Morrone_LiabilityDenial_SewerGasHazard_ElginCrescent.pdf
Summary: Giuseppe Morrone reasserts RBKC’s legal position denying all liability for prolonged sewer gas exposure, stating the Council has “powers, not duties,” and instructs Polly Chromatic to sue the landlord instead.


I. What Happened

On 11 March 2025 at 9:47 AM, RBKC’s Senior Principal Insurance Officer Giuseppe Morrone responded to Polly Chromatic’s statutory complaint regarding a severe sewer gas leak at Flat E, 37 Elgin Crescent. His response:

– Reasserted the Council’s denial of liability
– Claimed that statutory powers under housing law do not imply a duty
– Advised Polly to pursue her landlord in court
– Clarified that this denial applies specifically to financial losses
– Referred all further concerns to the RBKC Complaints team, despite their Stage 1 closure
– Explained that unless solicitors are appointed, the claim will default to CCMCC via DCP


II. What the Record Establishes

• The Council maintains a legal firewall around its failure to intervene
• Despite the severity of a toxic sewer gas leak, RBKC refuses to accept responsibility
• The strategy is clear: deny duty, deflect liability, and refer back to internal departments
• It provides explicit confirmation that your next legal action must bypass DCP unless RBKC appoints legal counsel
• It creates a procedural paper trail of official refusal despite life-threatening exposure


III. Why SWANK Logged It

Because the difference between “power” and “duty” is a legal trick with medical consequences.
Because telling a disabled mother to chase her landlord through court while sewer gas poisons her home is not safeguarding — it’s abandonment.
Because this is the moment the Council said: we won’t stop it, and we won’t pay for it.

SWANK archives every denial that let the poison linger.


IV. SWANK’s Position

We do not accept that environmental poisoning is exempt from accountability.
We do not accept that duty vanishes just because legal responsibility is inconvenient.
We do not accept that sewage in the air is someone else’s problem — when you’re the Council.

This wasn’t a response. It was a refusal in legal costume.
And SWANK will file every paragraph they used to delay relief.


This Dispatch Has Been Formally Archived by SWANK London Ltd.

Every entry is timestamped.
Every sentence is jurisdictional.
Every structure is protected.

To mimic this format without licence is not homage. It is breach.
We do not permit imitation. We preserve it as evidence.

This is not a blog.
This is a legal-aesthetic instrument.
Filed with velvet contempt, preserved for future litigation.

Because evidence deserves elegance.
And retaliation deserves an archive.

© 2025 SWANK London Ltd. All formatting and structural rights reserved.
Use requires express permission or formal licence. Unlicensed mimicry will be cited — as panic, not authorship.


We Had the Power. We Just Didn’t Use It. — RBKC’s Mould Logic



⟡ “They Had the Power — But Say They Had No Duty.” ⟡

RBKC Formally Denies Liability for Mould and Sewer Gas Injuries, Stating Its Powers to Intervene Do Not Imply Legal Responsibility

Filed: 11 March 2025
Reference: SWANK/RBKC/LETTER-01
πŸ“Ž Download PDF – 2025-03-11_SWANK_Letter_RBKC_Morrone_LiabilityDenial_EnvironmentalHarm_ElginCrescent.pdf
Summary: RBKC Senior Insurance Officer Giuseppe Morrone denies legal responsibility for hazardous housing conditions, stating no statutory duty existed to intervene.


I. What Happened

On 11 March 2025, Giuseppe Morrone issued a formal insurance liability decision on behalf of the Royal Borough of Kensington and Chelsea in response to a personal injury and housing harm claim filed by Polly Chromatic.

The letter:

– Offers condolences for the health impact and loss of a pet
– Denies Council responsibility for mould, sewer gas, or inspection failure
– States that RBKC’s statutory “powers” to act do not amount to a duty
– Suggests the landlord or Thames Water may be liable depending on the pipe location
– Confirms that no compensation will be offered
– Invokes limitation periods for legal claim timelines


II. What the Record Establishes

• RBKC’s legal position is that it can act on environmental health failures — but is never required to
• The Council is distancing itself from harm despite knowing the full facts
• Their reply admits harm occurred, but shifts all legal causality elsewhere
• This letter will be pivotal in any court filing or judicial review concerning duty of care, inspection powers, and harm
• It names senior officers and legal thresholds, making it fully actionable


III. Why SWANK Logged It

Because this is the page where liability denial became a policy position.
Because telling a mother to sue her landlord after they ignored mould complaints is more than cold — it’s calculated.
Because when a council says “we could have helped, but didn’t have to,” the archive answers back.

SWANK documents every line where power was mistaken for permission — and duty was denied for convenience.


IV. SWANK’s Position

We do not accept that local authorities can ignore medical danger with statutory impunity.
We do not accept that mould death and disability are the price of private tenancy.
We do not accept that sending condolences makes up for refusing action.

This wasn’t a letter. This was a liability firewall.
And SWANK will document every time institutional duty was dodged by redefining the word “optional.”


This Dispatch Has Been Formally Archived by SWANK London Ltd.

Every entry is timestamped.
Every sentence is jurisdictional.
Every structure is protected.

To mimic this format without licence is not homage. It is breach.
We do not permit imitation. We preserve it as evidence.

This is not a blog.
This is a legal-aesthetic instrument.
Filed with velvet contempt, preserved for future litigation.

Because evidence deserves elegance.
And retaliation deserves an archive.

© 2025 SWANK London Ltd. All formatting and structural rights reserved.
Use requires express permission or formal licence. Unlicensed mimicry will be cited — as panic, not authorship.


We Asked for Help. You Called It Optional.



⟡ “If You Don’t Owe a Duty — Then Who Does?” ⟡

Polly Chromatic Formally Rejects RBKC’s Liability Denial, Asserts Council's Statutory Housing Duties, and Demands All Internal Complaint Records

Filed: 11 March 2025
Reference: SWANK/RBKC/EMAIL-10
πŸ“Ž Download PDF – 2025-03-11_SWANK_Email_RBKC_Morrone_FinalChallenge_SewerGasLiability_ElginCrescent.pdf
Summary: Polly Chromatic issues a final written rebuttal to RBKC’s denial of liability, arguing statutory duty under housing law and demanding internal records and a route to escalation.


I. What Happened

This document, dated 11 March 2025, is a comprehensive rebuttal to Giuseppe Morrone’s liability denial and includes:

– A direct statement that RBKC’s power vs. duty argument is legally incorrect
– A list of five formal requests, including all internal records, complaint trails, and escalation instructions
– An explicit challenge to the attempted separation of harm and complaint
– A 14-day notice for further action: SAR, ombudsman complaint, and legal escalation
– Language asserting personal injury, emotional distress, and pet loss due to council inaction


II. What the Record Establishes

• Polly is notified and opposing the liability denial in writing
• She asserts the statutory obligation under the Housing Act and Environmental Protection Act
• The request for all internal documentation becomes part of the procedural audit trail
• The Council is put on notice of legal escalation and public oversight
• The letter uses legal tone and formatting, marking it as both advocacy and evidence


III. Why SWANK Logged It

Because this is what clarity sounds like after a denial.
Because when power hides behind policy, the archive reminds it what law looks like.
Because this letter is the formal line in the sand — and SWANK files the lines that become court timelines.

SWANK archives every refusal that demanded a stronger reply — and every reply that escalated the fight.


IV. SWANK’s Position

We do not accept that harm can be administratively reclassified to avoid liability.
We do not accept that housing enforcement is optional when the air is toxic.
We do not accept that powers without duties mean families suffer without recourse.

This wasn’t just a rebuttal. It was a procedural declaration.
And SWANK will archive every time the archive reminded the Council it could read the law.


This Dispatch Has Been Formally Archived by SWANK London Ltd.

Every entry is timestamped.
Every sentence is jurisdictional.
Every structure is protected.

To mimic this format without licence is not homage. It is breach.
We do not permit imitation. We preserve it as evidence.

This is not a blog.
This is a legal-aesthetic instrument.
Filed with velvet contempt, preserved for future litigation.

Because evidence deserves elegance.
And retaliation deserves an archive.

© 2025 SWANK London Ltd. All formatting and structural rights reserved.
Use requires express permission or formal licence. Unlicensed mimicry will be cited — as panic, not authorship.


Documented Obsessions