Housing association won't do repairs

[clemma]

I'm not entirely sure of my rights so thought I would ask on here. We have been in our flat since July 2011. Last winter we reported issues with the windows as they are very draughty and cold air just pours in through them. As we live in one of the highest places in our town the wind can become rather blowy. On windy days the curtains billow with every gust. My living room and my son's bedroom are the worst. In fact, it can reach 10 degrees or less in his room overnight and that is with the heating ON. The housing association did nothing. They sent someone round who said there was nothing they could do as the windows are old.

 

The main problem with them is that the windows open inwards so when the wind hits them it can push them open just enough to let all that freezing air in to the flat.

 

We had 70mph gusts last night, the wind was blowing through my living room, my boys room hit 8 degrees and it was extremely cold. Remember, I have the heating on. Which, I know, is pointless and a complete waste of money.

 

Now, should the housing association do something about it? They work alongside the council to provide council accommodation so, in effect, we are council tenants. Not sure if that makes a difference.

[Millsands]

hi there a couple of things . i used to work for a housing association in the repairs department. when you say they work with the council to provide accommodation what this means is the council have nomination rights so they nominate prospective tenants to the housing association so you are not a council tenant. If you are in a flat and the windows open inwards this is for safety so that young children cannot open the window by accident and fall out. As a rule housing associations do not draught proof properties but there are different organisations around that are able to do this such as energy supplier's. You say the windows are old are they wooden or UPVC and have they got any plans to replace the windows under their planned works program. You could ask for a second opinion from a senior works manager or housing manager. There is also some useful information on this website wont let me post the link as i have not enough posts but if you Google repair responsibilities for housing associations

 

 

If after going through the housing associations complaints procedure and its still not resolved you can go through to the housing ombudsman link is here. again wont let me put a link but Google housing ombudsman

 

In the meantime maybe getting some draught proofing strip i think you can get a roll for some thing like £2.50 for 10 metres.. I hope that this information is of some use to you

Regards

[clemma]

They are UPVC windows. It's only our block that has the inward opening windows. Every other block has outward opening ones. The draught proofing strip is already in place and does absolutely nothing. The whole frame moves in the wind and there are cracks around the wall where the windows are. So, even with the strips the cold air still blows through the cracks. But, as you have said, they do not have to draught proof the property. I am not able to spend money to do this work myself. Guess we're just in for a freezing cold winter

 

Oh, and they have no plans to rectify any of the issues that every tenant in my block has with the windows.

[letsmakeamark]

Have you written to the housing authority about this as you could eventually issue a small claim against them for this. I helped someone a few years ago with a similar problem.

[clemma]

I haven't, no. I was going to call them tomorrow and ask them to send someone round to have a look and see if they will actually do something about it. If nothing else, the cold temperatures in my boys room is detrimental to his health. We have used the draught strip, he has a thick blind that covers the window, long curtains and those curtains are backed with black out lining. We have done what we can to prevent the draughts but it is still really bad. His window is the worst in the property. He is only 15 months old too. The living room window is different - it is huge. About 8/9 foot long. All of it lets air in, not just the windows that open. Loads of cracks and what have you. It's the curtains at this window that billow in the wind.

 

I will see what happens when someone looks at the windows. If I get no joy, what would be the best way to address this. I mean, what would or should I put in a letter?

[letsmakeamark]

Fire a letter off to the cheif executive of the housing association. Outline your problem and also an idea off how much extra it is costing you to keep the house warm.

[clemma]

Fire a letter off to the cheif executive of the housing association. Outline your problem and also an idea off how much extra it is costing you to keep the house warm.

 

We can't keep the flat warm. Actually, I tell a lie. The bathroom gets nice and warm. If I was to keep my heating on, day and night, it would cost me a fortune. I am on a pre-payment meter for gas so have to watch what I use. Last winter it was costing us £25 per week and that wasn't even having it on all the time, just a few hours a day. Prices have increased so no doubt it'll be more like £30 a week. Which is about 15% of our weekly income. I used to own my own home (until a messy divorce) and that cost me £20 a week to heat and the heating was on constantly!

 

Ok, I will write a letter and see if that does anything.....Is it also not covered by the right to repair scheme (of course, that is if the repair is less than £250)?

 

EDIT: Just worked it out. For every 28 hours the heating is on it costs £10. So that's 4 hours a day. Keeping the heating on constantly (as that would be the only way to keep the chill off the flat) would cost in the region of £60 per week. As the temperature in the flat never hits the magic 21 degrees the thermostat never clicks off the heating. So it would literally be on constantly.

Edited November 25, 2012 by clemma

[stu007]

Hi

 

OK lets start with the very first thing.

 

It does not matter whether it is housing association or council housing the rules are the same for both.

 

Now what you need to remember is that it is their legal responsibility to ensure the properties are WIND and WATERTIGHT which by your post describes this to a tee.

 

As you have already reported this repair you should have been informed by you housing association at that time of the following:

 

1. The repair priority i.e. Emergency - within 8hrs, Urgent - within 72hrs, Routine - 10 working days. (this is an example only as you will need to check for these priorities from your HA)

 

2. You should also have been informed if the repair was or wasnt a qualifying under the "Right to Repair" and your right under that if it was.

 

3. You should also be keep updated with the repair until complete.

 

Now what I would do is contact the Housing Association Repairs Team and report this repair again and make a point of stating to them that it is the exact same repair you reported on XX/XX/XXXX and ask for the persons name, your repair priority, if it is a qualifying repair under the Right to Repair and note it all down.

 

Next following this by putting it in writing to the Housing Association (always get proof of posting - remember its always best to keep a good paper trail as they can deny the call)

 

Also request the copies of the following:

 

1. Complaints Procedure.

2. Repairs Policy and Procedure.

3. Right to Repair Policy and Procedure.

4. Property Wind and Watertight Policy/Legislation.

[letsmakeamark]

I wouldnt kick a stink up but would let it ease through the system.

[stu007]

Hi

 

As this has been previously reported and not resolved I disagree and would push this especially with the winter tempratures starting to drop further and the high cost of heating the property at your costs not the Housing Associations.

 

In fact I would be pointing out that their is either a problem when the windows were installed and not adjusted correctly or that through the years after installation due to wear and tear that the windows need a specialist to re-aligned the UPVC windows.

 

If this does not resolve the issue then I would be insistant that the housing association need to employ a specialist from a UPVC manufacturer to inspect the windows to assess the cause of the problem at their costs to then resolve the issue of them not being Wind tight when closed.

 

What I find strange is that their are small adjustment that can be made to UPVC windows to re-aligned them and also checking that the seals on the UPVC window are not failing and easy to replace so why has the housing association not done this is what I would be asking them. If they have done this and it has failed them I would be asking as above for a specialist (by specialist I do not mean the housing associations repair contractor) to assess the windows for the cause of the fault.

Edited November 25, 2012 by stu007

[clemma]

Thank you for your reply! Very helpful I will call them now and see what they say. I doubt I'll get them repaired so, if that happens, I will follow your advice. Thank you.

[andydd]

There is CPR Pre Action Protcol to follow if you are contemplating legal action, its here > http://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_hou , which might make them take notice.

[clemma]

Got to wait till the 11th December before a glazier can come out. They say it's only a routine repair with no priority so they have 21 days to attend. They had the cheek to ask if I was satisfied with that. Well, no. I'm not. They put me through to the complaints department who are going to try and get me an earlier appointment. As I am neither elderly nor a young family (?) I am not priority.

 

The windows in my flat are 30+ years old and are now obselete (so they say) so repairing them may be difficult. I can only hope the glazier recommends replacement.

 

Thr housing association has not heard of the right to repair scheme (which I found odd) nor the legislation that homes must be wind and wayerproof. They said some draughts should be expected. Well, if all the wind and cold air that blows through my windows is what I should be expecting then I'm rather shocked.

 

The woman on the phone told me that I should also expect the temperature to drop dramatically after switching my heating off (I guess I shouldn't expect my flat to retain any heat) and I should consider keeping my heating on all the time. I told her the cost and she just said "get an ordinary meter put in". No. I can't do that as E.on want £60 to replace it AND I would need to pass a credit check (I know of CAG's existence so you can guess how my credit rating is...). Anyway, I shouldn't have to have my heating on all the time!

 

My other half has just checked my sons window. It has cracks all round the frame both inside and out, you can see outside if you peer below the window sill (which is obviously the cause of some of the problem) and the whole window has condensation between the panes of glass.

[clemma]

Thanks andy...if they dont do anything then that will have to be my route.

[clemma]

There is CPR Pre Action Protcol to follow if you are contemplating legal action, its here > http://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_hou , which might make them take notice.

 

Phew....just read this. If I decide to take this route then I may need some help.....

[stu007]

Hi

 

Do you want to name the housing association as I bet when I look at their website I will find that information that they are denying any knowledge of and will post up for you to use as something else to hit them with.

[clemma]

Its Amicus Horizon, East Sussex branch.

[stu007]

Hi

 

Will have a dig now to start with I do hope you got the Housing Officers name that told you they had never heard of the Right to Repair Scheme as you may find this PDF very interesting and that your housing association does not know the law after you read it:

[clemma]

It was just a customer services person, like a call centre really, that deals with booking repairs. I have got her name though and a complaint has been put in about her too.

 

And thank you for the PDF

[stu007]

Hi

 

Very interesting as their is absolutely nothing on their website or in any documentation for downloading any information on the Right to Repair. It really is going to look bad when you write to Amicus Horizon asking for a copy of their 'Right to repair' as per The Secure Tenants of Local Authorities Right to Repair Regulation 1994 - Housing - England and Wales.

 

Now got some PDFs for you to look through from their website:

 

The Residents Handbook - Look from page 12 onwards.

The Amicus Standard - Look at page 2 - "Our external Decoration Promise" - 3rd promise down and dont laugh when you read it.

The Service Standards - Look through this and note everything the should have done as per this standard but didnt.

 

Oh also forgot to mention as you have an "AREA PANEL with a Chair it may also be worth writing or visiting them with the Right to Repair Regulation and raising it with them also but only a suggestion.

Edited November 26, 2012 by stu007

[stu007]

Hi

 

Also if you want more info on the "Area Panels" go to their website and in the search just type area panel and in the selection given look at the "contact your area panel"

[clemma]

Brilliant. Thank you so much. I will let them have their chance on the 11th December and then take it from there.

[letsmakeamark]

Hi

 

Do you want to name the housing association as I bet when I look at their website I will find that information that they are denying any knowledge of and will post up for you to use as something else to hit them with.

 

 

This group merged back in 2004/05 when amicus and horizon both diff housing associations decided to merge into one. Swale housing, Casa support, !066 housing etc are part of this group. From experience you may get more than you bargained from them as i know them too well. Their cheif exec is a bit slow at doing things. Incidently they used to run the swale foyer in sheerness kent which they have now rebraded bridge house due to the bad name it had due to having illegal drugs and so on being found. Also corrupt staff etc were there as well. Probably can see some one from amicus now jumping on to this thread.

[clemma]

This group merged back in 2004/05 when amicus and horizon both diff housing associations decided to merge into one. Swale housing, Casa support, !066 housing etc are part of this group. From experience you may get more than you bargained from them as i know them too well. Their cheif exec is a bit slow at doing things. Incidently they used to run the swale foyer in sheerness kent which they have now rebraded bridge house due to the bad name it had due to having illegal drugs and so on being found. Also corrupt staff etc were there as well. Probably can see some one from amicus now jumping on to this thread.

 

More than I bargained for in a good way or a bad way? I have zero expectations of them so at least I can't be disappointed. Interesting to know all the above though.

[letsmakeamark]

Both really.