Local Authority-Leak Failure To Repair Compensation Claims Court? Ombudsman?

[shellbells1982]

Hello,I'm hoping I can get some insight on my current situation with my Local AuthorityI've been a Council tenant since 2006 (my agreement is secured) - the property is a house flat; I'm on the ground with a tenant above and below meIn Oct 2008 on returning from work my living room had sprung a leak from the drop down/ boxed in area of the ceiling - was reported to the repairs team, plumbers & surveyors came out took a look and I was told it was fixed.In Oct 2012 again on returning home from work the leak had happened again and again plumbers and surveyors came outThe Council had said that the cause was the tenants washing machine upstairs not connected properly and the plumber rectified the leak upstairs/ flushed out the pipesIn a series of letters back & forth mainly with my concern that the same place had leaked twice I enquired as to how they fixed it the 1st time (2008) and how they've gone about fixing it this time round. They were and have been very reluctant to open the drop down ceiling box where the water penetrated. Saying it was not necessaryAt one point they said that the leak was caused by the front canopy roof - that was not the case on my investigation as the front canopy roof covered the bay front window onlyIn the end I done a Subject Access Request (Data Protection) and a Freedom Of Information request to see what info is held in regards to all repairs on the flatMy paperwork received showed that their internal systems contradicted what I was in fact told about the repair of the leak. There was no actual evidence or a logging of a repair job to stipulate that the leak source was found and remedied. I actually found a job logged saying 'source of leak unknown'I believe that 1. The Council is stalling on fully carrying out the repairs to the property (due to possibly cost and inconvenience)2. That the 2008 issue was in fact never remedied and instead left open to abuse as so it leaked again 2013. They had not even patched up the ceiling from the 2008 leakThey have continued in letters to refuse and acknowledge any wrong doing instead repeating that I was told 'X,Y & Z' by the Housing Repair teamI mistakenly wrote a 'letter before court action' documenting everything from 2008 till this year (when they finally repaired the ceiling Feb 2013) showing all evidence collated that what they have presented to me is in fact falseHaving re-read the Councils Complaints Guide I am within my right to ask the Chief Exec to investigate - thing is do I initiate Stage 3? As the Council have always kept my letters at Stage 2 and where its carried over from Oct 2012 to now. They still insist in calling the letters 'Stage 2 - Follow On'. As if to prevent me from taking it furtherAn idea of mine was to Subject Access Request or/ and F.O.I the external contractors used - KIERS, as they submit the work back to the Council on inspection and the Council gives it the OK or not. I am convinced that there is a job that the Council refused Kiers to undertakeMy help needed there is to what is the best question to ask so that I fully cover myself as there is a £10 charge I want to ensure that I get it rightI have a catalogue of evidence/ information collected - photo's 2008 & 2012, video taken of the water cleanup (2013), video footage taken when it leaked again and a list of missed appointments which cost me wagesAll help is much appreciatedRobin

[ericsbrother]

You cant do an FOI request to a private company but you can do a SAR. I would just write to them and ask, their head office is in Bedfordshire somewhere and ask for copies of the job request and when it was completed and who from the council signed it off.

The council dont decide if it is still a stage 2 dispute, you have to disagree with their response and escalate it to stage 3. With regard to getting your lost earnings back, that will be a complaint to the ombudsman as the council are ultimately responsible to you and for the contractors. typically the ombudsman awards asmall sum for distress so £100-250 is the likely offer, that doesnt stop you from taking the matter to court but you cannot start a court claim and ask for the ombudsman to investigate so ombudsman first.

[shellbells1982]

I wasn't too sure whether it would be the FOI or SAR - thanksI think my best course of action is the SAR to Kiers -> request the Cheif Exec to investigate at Stage 3 -> and then Omsbudsman -> last resort County Claims(?)The Council have not been so forthcoming, I had to do the SAR twice as they missed out correspondance the 1st time that I know took placeI just think how can they be so ignorant?! The SAR and FOI showed that all the jobs logged for my flat had no jobs done in regards to the leak at all, then they've told me it was fixed verbally and in seperate letters. They've been blatantly lying, surely if it was to go to the/ a claims court on the basis of my evidence provided by the SAR & FOI the Council would then be in breach of the Act's if they were to produce evidence to counter my claim

[stu007]

Some things I would be asking for in writing:

 

1. Copy of Right to Repair.

2. Copy of The Plumbers Report on the Repair carried out in Oct 2008.

3. Copy of The Plumbers Report on the Repair carried out in Oct 2012.

4. Copy of The Surveyors Inspection Report on the Repair Oct 2008.

5. Copy of The Surveyors Inspection Report on the Repair Oct 2012.

6. Full explanation as to why the Council failed in its duty to complete the 2008 repair by repairing the ceiling which was only repaired after further complaints in Feb 2013.

 

Which council Housing?

[shellbells1982]

re; stu007 - I actually did that then wrote them a letter(your no.6) and the response was that we've already covered this in letters to me X,Y & Z and the Surveyor who attended called me to explain (she didn't) so they are not willing to go through it again. Hence my post on the forum, my next step is to submit the letter again at stage 3 escalation to the Chief Exec to ask to investigate as outlined in their Customer Service rights. This is why additionally I wanted to see what KIERS held in regards to work submittedThis is Ealing Council - when I submitted a F.O.I & SAR to them I asked for SUBJECT ACCESS REQ:Correspondence to and from the Housing repairs team and Council housing officers;- emails & letters between 01/07/2008 and 31/12/2008- emails & letters between 01/10/2012 and 06/03/13F.O.I:Please provide all information relating to the repairs undertaken at the property of 18b xxxxx Road between 1st July 2008 & 31 December 2008. And 1st October 2012 & 28th February 2013 I do like your pointers, thank you

[stu007]

Hi

 

Thanks for the update give me a little while to see what I came dig up for you on your council housing and I will post back relevant info for you to use.

[shellbells1982]

Hi

 

Thanks for the update give me a little while to see what I came dig up for you on your council housing and I will post back relevant info for you to use.

 

Thank you! Much appreciated

[stu007]

Hi

 

Have had a look but their website is really lacking in information on the Housing side but something that I did pick up was their complaints procedure after stage 3 it says to go to the Local Government Ombudsman very strange for a Council Housing Matter as they should be directing you to the Housing Ombudsman Service.

 

This is the Housing Ombudsman Service Link: http://www.housing-ombudsman.org.uk/

 

So I would be pointing this flaw out in their complaints procedure but please have a good read on the above link. (Although they are Council its Council Housing and therefore they are your Landlord).

 

 

I would also point out what I suggested in post#4 and due to these you now wish this matter dealt with as a STAGE 3 Complaint only

[shellbells1982]

*sorry delayed response*

 

Due to other issues, I had to give chasing the Council a breather as it was becoming a little bit stressful. Re-picking it up now however

 

Thank you for your help - that is very good to know about the Housing Ombudsman

[shellbells1982]

Hi there,

 

I'd sent a 'third level' complaint to the Chief Exec and requested that the issue is investigated to its full entirety, they acknowledged it and gave a response date of 18/11/13, they then missed their deadline and extended it till the 22/11/13. They did indeed respond today and have somewhat acknowledge their faults and given why. They've concluded with a 'goodwill gesture' of £400, not to sound greedy or ungrateful here but this leak happened in Oct 2012, the ceiling was repaired in Feb 2013 and I've finally got a resolution to the whole issue now - point being is it cost £400 to replace the water damage sofa and I had to pay Ealing Council £20 to remove the old one, the walls are still water stained and the laptop suffered in the leak is dead

Question is - can compensation claims be challenged?

 

 

Thanks

[Greentea]

Have you got household contents insurance if you have then claim off that. Council are just the pits nowadays.

If you complain too often they will blacklist you and then they will make your life hell. How about contacting your MP or your councilor.

Have a look a their website and they should have a lot of information on it above Right to Repairs most council have that on their websites.

 

Good luck