Is this legal? Re: Housing Association Properties 2/1

Roorah

Is this legal? Re: Housing Association Properties 2/1 - Ground Floor Housing Assocition flooded by first floor Housing Association Property. Ceiling bowed, carpets ruined, skirting blown, elctricity condemned and lots of personal contents destroyed. Took 3 weeks to get a humidifyer. End of Jan - weeks later put into a hotel where person has been ever since. 17/2 - Despite many contractor visits, numerous phone calls and letters property not put back into original state. Also they are saying that although it is upstairs property that caused the damage the contents must be replaced on ground floor contents insurance. Seems wrong surely it's there liability and have to fix it all? Also, they are saying that the person has to move back into the property whilst the work starts?!!! The stress has overwhelmed the person and has involved many visits to the doctors for stress and they are loosing weight and sleep. The housing association has been implying on the phone that they would fix everything and pay some compensation. Last minute on the phone they have withdrawn all of these statements and now said that this person should take them to court! OMG!
1) Surely there insurance pays out for all the damage building and contents as caused by leak on first floor property.
2) Surely if the electricity is condemned then health and safety wise no one should have to live there?
3) Even if the electric was OK surely no one should live there because of the damp and mould (bed, sofa, clothes etc.. ruined) and this could be a health risk?
4) Should first floor insurance cover all buildings and contents?
5) What laws apply?
6) Can my friend sue?
7) Are they entitled to compensation? Any guidance hugley appreciated......

Optional Information:
Province/Country relating to question : England

Already Tried:
Citizens Advice and Complaints Policy

Colincbayley

The HA will take care of the repairs to the building. The normal procedure for damage to contents is to claim off of your own insurance and then, if possible your insurers claim off the flat above.
Depending on the cause of the leak, there is no gaurentee that the flat above are liable for the damage.

Jowo_2

So your friend doesn't have contents insurance then? What does their contract or tenant handbook say about their obligations in this regard? It's fairly standard for them to make it explicit that tenants have the responsibility to insure their own belongings.

If your friend believes the Housing Association are not honouring their health and safety obligations by making them return to the property, then get them to contact the local council environmental health department to undertake a health and safety inspection which will examine it for hazards and compel the landlord to take action if there are any breaches.

Fire_Fox

If you are getting conflicting stories by telephone try communicating in writing by recorded delivery. Also take advice from your contents insurer, who may be willing to claim off the insurer of the upstairs flat.

Roorah

Thanks for the help. Recorded letter on its way for my friend. I assumed house insurance worked in the same way as car insurance e.g. car crashes into me and their insurance pays for whole incident. I will let my friend know to claim and leave it with them to recoup the funds.

cavework

TBH ..tenant would not be allowed to return until electricity check and all major structural works etc are completed .. this does not include re decoration and soft furnishings
H/A would be using their own insurer
as for personal claims ie contents ,then it is up to the tenant to have this in place and deal with it through their contents insurers , who should follow up any claims against upstairs flat and H/A,s insurers.

squinty

It is perhaps earier to think of this in different terms.

The upstairs flat has caused damage to two parties - the Housing Association for the fabric of the building - and the downstairs tenant for the contents and their belongings.

The HA will reapir the fabric. perhaps through their own insurance or by charging the upstairs tenant.

The downstairs tenant should claim from thier own insurance company in the first instance. If they do not have insurance they could try through court, but will need speacialsit advice before trying this.