Boiler/Window Issue with Housing Association

[Leo1]

Right I hope you lovely people can help me out here, I purchased a 50% share of a property in November 2006, the other 50% share belonging to Two Castles Housing Association.

Last week my boiler packed in (Heat Exchanger very badly cracked), I am under the impression that the boiler was never replaced after the Carlisle Floods in January 2005. Two Castles have said that replacing it is my responsibility as the property is not maintained by them, I have to repair and maintain everything, and that the rent I pay is only on the estate?

I don't see why I should have to fork out £700 for a new boiler that was flood damaged, but anyway I would have thought that Two Castles should at the very least make a contribution since the property is half theirs?

All the windows in the property are flood damaged too (serious condensation in the panes & the frames are mouldy & rotten) I queried this when I was purchasing my 50% share but they said that the floods didn't reach that level!! Which is a lie as they had to replace the kitchen etc. Two Castles are still refusing to replace the windows as they said the Insurer had signed them off (can't believe this as the windows are appalling!) Anyway, I was wondering if I was able to force Two Castles to replace these are they are not compliant with Building Regulations, most of them don't open, and the ones that do only open two inches - definately not means of escape!

Sorry for the long post, but I would have thought that in theory Two Castles are my landlord so they have a legal obligation to do these things for me?

[jampot]

Obviously the windows must have been in a similar state in 2006 when you purchased your 50% - so presumably you are deemed to have accepted them as such, as you didn't negotiate anything with the HA.

As the landlord for 50% of the property, at most I would assume (although I'm no expert!) that they are liable for half of any major work which needs to be completed.

Your strongest argument (as you already suggest) is one of safety - but again, I don't think it safe to assume that the HA has 100% responsibility or liability for this.

I'm sure someone with a proper legal / property background can comment further - but my comments are my opinion based on what I see as the logical situation here. If you had made replacement of the windows a condition of your purchase, rather than just raise a query, you would have a stronger case - but in my opinion, you have a joint responsibility and liability as joint owners...

[Joa]

Unfortunately these are the pitfals of shared ownership; although you have not bought the property outright, you will have the normal rights and responsibilities of a full owner-occupier. Check what is covered in the lease with regards to your responsibility for repair.