Advice needed about complaint re:damp/condensation to social landlord

lisamds

Hi,

I am hoping someone can advise me on this matter.

In September 2008 I reported a case of damp which was resulting in damage to my property to my housing association. A contractor came out and advised on measures which were taken to reduce condensation.

Despite my effort the problem recurred and resulted in the loss of two chest of drawers which were covered in mould.

I reported the issue again in September and an external contractor was again sent to assess the property after I made a formal complaint. He reported inadequate ventilation to the property and insufficient heating and poor radiator location. (I have my heating on most of the time to no avail).

I escalated the issue to a stage 2 complaint after hearing nothing for a further 7 weeks following the second inspection and last week had a visit from the director of housing who has assured me they will take certain steps with guttering, add an additional radiator in bedroom, fit air bricks etc. On the initial complaint I raised the issue of compensation for the two pieces of furniture lost as a result of them not taking any action on my initial report. She offered as a gesture of goodwill to pay £140 to replace my chest of drawers which I am more than happy with.

However.....

I have today received a letter detailing all the work they are going to do and an apology for the long delay in tackling this matter. True to her word she has provided me with a cheque for £140 and has asked me to sign a statement and send it back.

It is as follows:

I _______________ hereby accept £140 as full and final settlement of ALL claims as agreed against ****** housing association in respect of the property known as ********.

Whilst I am happy that they are going to replace the items I have lost I am unsure as to why they would be asking me for this when it is a gesture of goodwill to replace two items. I am also concerned with the fact they highlighted 'ALL'.

Can anybody help me with this as I really am uncomfortable with signing this off as it doesn't seem to be the 'gesture of goodwill' agreed.

Many Thanks

Lisa

Jowo_2

Seems quite conventional legalese to me - they want to ensure they have captured all claims you've made to date - you may have only made a single - but they want to ensure there are no hidden historic ones in the background that can bite them on the bum. To me, they are making it clear its a final one-off payment for the damage - you can't go back and then submit further claims relating to it.

The opposite of a gesture of goodwill is when a landlord shrugs off a request for compensation by reminding a tenant that there is a clause in their agreement making them responsible for insuring their own belongings.

Contact Shelter or Citizens Advice Bureau if you are not comfortable with what is being offered.

lisamds

I understand that they could have shrugged off any claim and am happy with them replacing the 2 big items and I have no further claim to make. I have raised concerns about the health of my children in my complaints and that I'm going to seek legal advice so I suppose they are trying to cover themselves.

I was contemplating writing my own letter stating that I confirm receipt of the £140 as a goodwill gesture in relation to the property I have lost as a result of the delay in them actioning my complaint. (which is what they stated in the body of the letter)

It's just the turn around in the wording of the statement requiring my signature that got me feeling it was just a way of them washing their hands of any future issues.

Many thanks for your advice, I will contact the citizens advice bureau tomorrow.

:T

clutton_2

dont sign it - you cannot know that the remedial action about to be taken is going to be the answer - and so you dont know if you will have trouble in the future or not...

i

tbs624

lisamds wrote: »

I was contemplating writing my own letter stating that I confirm receipt of the £140 as a goodwill gesture in relation to the property I have lost as a result of the delay in them actioning my complaint. (which is what they stated in the body of the letter)...

`That would be my response: I wouldn't sign their form.

poppysarah

It's something you shouldn't sign without legal advice.

She sent you the cheque anyway? Just cash the cheque and write back confirming you received it.

olly300

poppysarah wrote: »

It's something you shouldn't sign without legal advice.

She sent you the cheque anyway? Just cash the cheque and write back confirming you received it.

Cash the cheque, and state that until you take legal advice you cannot agree it's for full and final settlement of all claims.

That way if you do have further disagreements down the line there is no arguments that you accepted the cheque for full and final settlement. If you say nothing it could be presumed that you agree.

lisamds

Yes they sent the cheque with the letter, thank you all so much for your advice.

I think I will hold off on banking the cheque in case it is acceptance of their statement and take some legal advice, maybe get a solicitor to right a letter or something.

I am happy with £140 but I'm just worried that if I'm in the same position in 12 months I will be signing away my right to complain again if more of my property is lost and my kids continue to have health problems.

Obviously I cant put a price on my childrens health however would home insurance would even cover me for belongings given the circumstances?

Thanks again.

Milliewilly

olly300 wrote: »

Cash the cheque, and state that until you take legal advice you cannot agree it's for full and final settlement of all claims.

That way if you do have further disagreements down the line there is no arguments that you accepted the cheque for full and final settlement. If you say nothing it could be presumed that you agree.

No - by cashing the cheque you are agreeing it is full and final settlement as on the Council's covering letter.

blckbrd

OP did the director mention Decent Homes Standards to you?

The works you describe seem to fall within this remit so it might be worth confirming when such works are scheduled to take place or if they will be ordered as day-to day or capital repairs.

The paragraph you quote says the opposite of the £140 being a goodwill gesture. For 'full and final settlement' to be stated they would have to be dealing with a claim. Otherwise the letter would state, in so many words, that they reject your claim and offer goodwill... It appears to bean admission of liability to me.

Fire_Fox

Milliewilly wrote: »

No - by cashing the cheque you are agreeing it is full and final settlement as on the Council's covering letter.

On what basis are you making that assertion? Surely not without a signature, otherwise why would the HA ask for one? Also every time you made a partial payment towards a debt that would be F&F which is clearly not the case. The cheque could be seen as an interim payment tho I'd certainly write a letter stating that in lieu of the signed statement.