Housing Association liability for damage to Tenant Property and Rights of Access

[TheUnknownSoldier]

Hello everyone,

 

I'm new on the forum although I have been reading here for some time, I am hoping somebody could give me some advice on some issues I am having with my landlord.

 

I am a Housing Association Tenant with an assured tenancy. In May of this year the roof began leaking water into the flats above me and then into the electrical cupboard which is adjacent to my flat. This issue was reported but nothing was done until I made a complaint regarding the matter and then two months later a scaffolding appeared and we were informed that the problem had been fixed.

 

However, following some days of heavy rain in August the roof began leaking again and this time came through into my flat, ruining my carpet, a rug and the paintwork on the walls (all of which are my personal property). I made a complaint regarding this matter and in the mean time I consulted a solicitor, who advised that I should disregard their complaints procedure and write to their chief executive and asking him to provide compensation for the damage. However, my landlord has responded to my complaint by saying that I should claim on my own contents insurance (which I do not have) and but if I do not have contents insurance I must submit a claim to my their insurers accompanied by quotes for replacements and they may consider my claim. I would just like to get peoples opinions on whether I should play ball with the insurers or whether I should contact the CEO as per the solicitors advice.

 

Also my second question is, am I entitled to refuse access to one of my landlords agents? I do not wish to deny my landlord (the Association) access but there is just one of their employees that I am not comfortable dealing with due to their past conduct and attitude towards me and I just do not want them either in my home or contacting me. How does the law stand on this matter?

 

I would like to thank everybody in advance for taking the time to read/respond to my thread.

[citizenB]

I will try and find someone who can help

 

I am sure there will be caggers looking in later today, if not, then Shelter might be able to advise.

 

 

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http://england.shelter.org.uk/get_advice/how_we_can_help/housing_advice_helpline

[silverfox1961]

Hi and welcome to CAG

 

Similar to an issue I had years ago. What I was told was if any issue was known about previously and the repair work was not done OR not repaired properly, the (council who I was with) housing association are liable.

 

Claiming on your own insurance (if you had it) would bump up your premiums the next year.

 

With council complaints there are three stages of complaint before you can go to the Housing Ombudsman but I do not know of the procedure with Housing Associations.

If you do write to the CEO(I would), mark it as a complaint. The chances are he/she will pass it down to the minions who 'may' act

 

With regard to the employee, you could state the reasons why you do not want this person anywhere near you and they may help. If this person does turn up, you could secretly record them if the attitude is poor.

[mariner51]

Without your own contents insurance your options are limited IMO.

Even if you had contents insurance, your Insurer would have chased the building Insurer for your consequential loss caused by defective roof repair. The HA has offered you direct access to their Insurer.

The only alternative is to seek recompense through the Courts.

 

Also did HA undertake an electrical safety check after the leak in May?

[TheUnknownSoldier]

Thanks to all who have responded so far.

 

Regarding electrical safety, I am not sure if any check was carried out. If it was I haven't been told about it. I did question the safety of the electrics and did ask them to commit their advice to writing back in May, which they have avoided doing, without outright refusing. Their verbal advice was in a nutshell "Don't worry about it, the RCD will just trip the electrics off if the water causes any problems"

[45002]

Hello everyone,

 

I'm new on the forum although I have been reading here for some time, I am hoping somebody could give me some advice on some issues I am having with my landlord.

 

I am a Housing Association Tenant with an assured tenancy. In May of this year the roof began leaking water into the flats above me and then into the electrical cupboard which is adjacent to my flat. This issue was reported but nothing was done until I made a complaint regarding the matter and then two months later a scaffolding appeared and we were informed that the problem had been fixed.

 

However, following some days of heavy rain in August the roof began leaking again and this time came through into my flat, ruining my carpet, a rug and the paintwork on the walls (all of which are my personal property). I made a complaint regarding this matter and in the mean time I consulted a solicitor, who advised that I should disregard their complaints procedure and write to their chief executive and asking him to provide compensation for the damage. However, my landlord has responded to my complaint by saying that I should claim on my own contents insurance (which I do not have) and but if I do not have contents insurance I must submit a claim to my their insurers accompanied by quotes for replacements and they may consider my claim. I would just like to get peoples opinions on whether I should play ball with the insurers or whether I should contact the CEO as per the solicitors advice.

 

Also my second question is, am I entitled to refuse access to one of my landlords agents? I do not wish to deny my landlord (the Association) access but there is just one of their employees that I am not comfortable dealing with due to their past conduct and attitude towards me and I just do not want them either in my home or contacting me. How does the law stand on this matter?

 

I would like to thank everybody in advance for taking the time to read/respond to my thread.

 

Yes,it's your home in the end and you don't have to let every Tom,Dick or Harry in !

[citizenB]

Thanks to all who have responded so far.

 

Regarding electrical safety, I am not sure if any check was carried out. If it was I haven't been told about it. I did question the safety of the electrics and did ask them to commit their advice to writing back in May, which they have avoided doing, without outright refusing. Their verbal advice was in a nutshell "Don't worry about it, the RCD will just trip the electrics off if the water causes any problems"

 

You could write to them and ask the question - you could make it a formal complaint to which they have 8 weeks to respond.

 

I think their verbal statement was quite shocking (no pun intended).

[TheUnknownSoldier]

You could write to them and ask the question - you could make it a formal complaint to which they have 8 weeks to respond.

 

I think their verbal statement was quite shocking (no pun intended).

 

I see what you did there

 

I already did this, they responded by confirming that it was "Not the standard of advice we would normally give" but made no mention of what the advice would normally be. I have asked them what their "standard of advice " would be usually and it seems they have to check with somebody else before they can tell me and I've still got no response.

[stu007]

Hi TheUnknownSoldier

 

You have had some great advice so far, now it is irrelevant whether you had contents insurance or not (it would have been better but as advise they would only end up approaching the housing association for its own insurance to deal with)

 

You need to follow the Housing Associations Complaints Procedure and write a Formal Complaint making sure the letter is titled Formal Complaint. (always keep a copy for your records and always get proof of posting). Once you have exhausted this process and if still unhappy you can then complain to the Housing Ombudsman.

 

As the water leak penetrating from the roof was previously reported penetrating the flat above and the electrical cupboard adjacent to your flat. Which was reported to the housing association who only took action after you had to make a complaint about the inaction and safety concerns as the water was penetrating the electrical cupboard did the housing association take action.

 

Some two months after reporting these issue did the housing association contractor start work on the roof to repair the problems or so it seemed, as some weeks after these repairs were either not carried out with due care or not completed the exact same issue occurred again except the water penetration was considerably worse penetrating the flat above and your flat with considerable damage to personal contents.

 

As these personal contents were damaged after the previous water penetration via a roof leak that was meant to be repaired by the housing association in the first place hold the housing association fully liable for the damage caused to my contents.

 

You refute the housing associations claim that you should go through your own contents insurance as the roof repair carried out by their contractor should have prevented any further water penetration to the building which it did not causing further damage to the association properties and damage to tenants own personal contents.

 

This also raises the issue of your tenant’s health & safety also being put at risk due to this leak water was penetrating an electrical cupboard which could have had serious consequences for the association’s tenants.

 

Again the association’s staff was informed of this concern with water getting into this electrical cupboard and the response to safety from a member of your staff was to inform me.

 

“Don't worry about it, the RCD will just trip the electrics off if the water causes any problems”.

 

To that end you require the following:

1. Copy of Complaints Procedure.

2. Copy of the roof repair work carried out to the Roof on both occasions and contractors details.

3. Copy of the Electrical Inspection carried out on the Electrical Cupboard adjacent to your flat due to the roof leak and water penetrating that electrical cupboard.

4. Copy of the surveyors report on the roof.

5. Copy of what work was take to remove any water build up in the attic area of the roof.

6. Copy of what priority the roof repairs on both occasions were classed as.

7. Copy of the Right to Repair.

8. Housing Ombudsman full contact details

[caro]

Get quotes for all the damage and replacements and send copies to your HA. Tell them that you either want compensation to pay for everything within 7 days or you will be contacting a solicitor with a view to making a claim on their public liability insurance.

 

Include the cost of phone calls and letters plus, if you work, any lost wages.l

[TheUnknownSoldier]

Thanks Stu007, that sounds like a plan. I'll request all of that. And once again thank you to everyone who has posted their advice here.

[stu007]

your more than welcome glad CAG could be of help to you and please keep us updated.

[stu007]

Hi

 

 

Just thought I would pop in to see how you got on with your issue?