Standing my Ground - Correct?

[nannamoon1]

Got keys to HA property in March -

 

Within 10 days I noticed infestation of Wood Lice Wood Worm (didn't move in until April due to having flooring fitted and furniture delivered

 

Reported to Housing officer 30th March who said that I am liable as I was now the tenant and if the wood lice were coming through a gap I was to block it up (messages kept)

 

Explained that how could I possibly of known there was an infestation when I viewed the property back in January as viewing was very quick less than 5 mins and who goes around looking for Wood Lice, the same as when I got the keys in March.

 

Explained that I wanted to get this sorted as I was having flooring and furniture delivered the following week prior to me actually moving in.

 

I never received a reply

 

Messaged again on 31st to ask if she had received my message again explaining I had furniture & flooring being delivered

 

I never got a reply

 

April 21st

 

Received a reply saying she had spoken to the Rangers and they do not treat Wood Lice

 

June had a Ranger turn up to clear some rubbish and apparently treat the wood lice infestation, on entering the property he said he was not prepared to treat as the problem was to bad and we were insitu and the chemicals are too dangerous. (The whole bungalow needs doing) Plus I have a son with Sensory problems

 

Fast forward to July

 

Has Surveyor around to inspect a wall, while he was here I told him about the Wood Lice and looked around the property and said the property should never of been let with this problem and that he would raise a job to get the work done the time scale was 6 weeks. He also said that I would have to move out while they treat the property.

 

Nothing really happened nobody contacted me, I kept chasing to no avil.

 

October I threatened legal action as I have not put flooring down in any other room other than the my sons and my bedroom due to waiting for the HA to sort the Wood Lice

 

Kept being told that the surveyor had moved to another department and when I contacted him he said it was not his problem now as he was not in that department.

 

Had another manager come around who didn't really say much other than it was still the Surveyors problem.

 

Last week I called and basically told the HA I was going to go Legal as the Woodlice had been seen on my sons bed and enough was enough.

 

I was told could I defer until the end of the week which I did.

 

Now this manager called who said they are not responsible for removing/lifting my flooring. I politely told him the history and that I was not prepared to lift any flooring as this has been ongoing since March.

 

I got a call yesterday (Sunday) asking to come around and inspect the severity. Of course I had to explain that there is flooring bla bla he got of the phone quickly and said he would speak to the manager

 

I get another call today saying can a Carpenter come around and lift the floorboards in the bedroom and treat the infestation.

 

My question is

 

Am I liable to lift the flooring as I gave the HA a chance back in March and they knew full well I was having furniture and flooring fitted but failed to reply

 

And its the whole bungalow not just one room.

 

The flooring in my sons bedroom is stuck down as it is vinyl plus its obviously furninshed

 

I have carpet and gripper rods in my bedroom and obviously its fully furnished

 

My son has special needs too

[dx100uk]

moved to the residential forum

[stu007]

Hi nannamoon1

 

Sound just typical of a HA wee got you a property, you viewed it and signed the Tenancy Agreement sorry your problem to pay to resolve, mmmm that short a time from getting property to reporting I don't think so.

 

What also does not help is the length of time this issue has been going on and the HA have still not resolved this.

 

Now this is going to take a bit of time as you need to follow the HA own Complaints Procedure and fully exhaust this and if still unhappy with the final response you proceed to the Housing Ombudsman.

 

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

 

You need to as you are doing keep a good paper trail and ensure with any letters to get free proof of posting from the Post Office.

 

Put your complaint in writing and title it "Formal Complaint" and do a brief timeline of events

 

You also require copies of the following:

 

1. The Pre Inspection Report for your property before you took tenancy on XX/XX/2017.

2. The Repairs reported to the HA about your property before you took tenancy on XX/XX/2017.

3. Complaints Policy. (Not the leaflet but the Policy)

4. Customer Care Standards/Policy.

5. Repairs and Maintenance Policy.

6. Right to Repair.

 

 

Check the HA website to see if these are there and available to download.

 

Now the reason I say to ask for the above especially there Policies is you have no idea if the HA has actually followed its own Policies and Procedures, so when you get these just think of your situation and as you read them think to yourself "Did they do that" if "No" highlight/mark. use there own Policies and Procedures against them)

 

Remember you need to exhaust the HA Complaints Procedure before progressing to the Ombudsman

[nannamoon1]

Thanks for your reply, however there are two issues here

 

a) the amount of time as you say

 

b) they have kind of agreed to treat the woodlice however they are not prepared to lift the flooring that I have put down, they keep saying it is the customers responsibility & I have said no I reported less than two weeks prior to taking on the tenancy and you were told I was having furniture and flooring fitted.

 

Do I stand my ground in the fact I get them to lift the flooring as it has been glued down in my sons bedroom and would probably need replacing if lifted and in my bedroom it is carpet and gripper rods which possibly may go back down.

 

I am going to lodge a complaint over the next day or so but I doubt they will respond, I am considering taking them to small claims court as I have am living on floorboards every where else since March.

 

There complaints system is you complete an online form, but do not get a copy, would it be better to put it in writing?

 

I personally would not bother with the Ombudsman as In my opinion the time scale is long and the outcome is never that great.

 

I am thinking of small claims court and for some sort of compensation

 

Thoughts welcome

[disgruntled2007]

Why did you still glue down flooring when you knew there was an infestation problem and had already informed the HA?