The Housing Ombudsman

FionaHamilton

Hi,

I have got to a stage 3 complaint (the last stage before the Ombudsman) with my Housing Association. I am a shared owner and the complaint is about building work that should have been done before I moved in which the HA is trying to make me pay for as repairs via my service charges. (The building work is still outstanding as I have refused to pay for it - if I did I would go into immedicate deficit which would be recoverable from me at the end of the next financial year).

There are four main points to my complaint. The HA have come forwards with a solution to one of the points that I am happy with but I am still in dispute about the other three.

We are having another meeing to see if the situation can be resolved without going to the Ombudsman. However my question is is if I accept the HA's solution to one of the points of my complaint can I still progress the other unresolved three on to the Ombudsman?

Also they have offered me £50.00 as a "goodwill gesture" in other words compensation by another name. I have refused to accept this as it is my understanding if I accepted it I would have no claim in asking the Ombudsman for compensation. Am I correct in this? (I believe £50.00 is not enough).

Many thanks for any replies.

Fiona

clutton_2

what sort of building work and what value is it ?

sonastin

Accept the solution to the first point whilst reserving your rights to pursue the other 3. If they won't let you reserve your rights, it isn't an acceptable resolution on that point really is it?

I wouldn't take the £50 unless it is clearly only in relation to the agreed point and separate and distinct from the matters still in dispute.

FionaHamilton

The covering of an exposed chimney breast and radiator pipe work with pipes that are falling off the wall are exposed and are dangerous. The work in total will cost about £1500 to put right and the services charges are for "day to day repairs" like fixing a leaking tap etc. Major works are not covered by the repairs fund but through the cyclical fund which is meant to be built up over a few years.

There is no doubt that I have a concrete case with regards to these. I just wanted to know about the proceedure.

The other issue which has been resolved was about a disabled toilet. They have admitted that it should have been working before I moved in and have reimbursed my service charges which they used to pay for a new toilet. So I am happy about that.

On the compensation issue I have been moved to this bungalow on grounds of physical disabilities and mental health issues - they are also meant to "support me" but quite frankly they have been nothing other than stressful. In fact so stressful that the local council have allocated me a support worker for my mental health deterioration caused by the HA!

Any help would be appreciated.

Fiona

FionaHamilton

Thank you. You have made more sense that the solicitor I engaged.

The £50 is not in relation to the agreed point and is not seperate and distinct from the matters still in dispute. So clearly a refusal is neccessary.

Fiona

ILW

What do you mean by and exposed chimney breast?

FionaHamilton

An exposed chimney breast is left when a gas fire and back boiler have been taken out of the wall and a new combi boiler has been put in an airing cupboard as part of a new central heating system. In other words it is a great big hole in the wall 3 foot by 3 foot that is at the end of a chimney and exposes the house to all the elements, rain, snow etc. For the sake of safety and warmth it should have been bricked over before I moved in - but it was not. It will cost £500 to do this and it is not a "day to day" repair.

Fiona

Fiona

ILW

It does sound as if you have a point, the make good should have been part of the boiler replacement.

FionaHamilton

Exactly my point and it will be backed up by a report by an independent expert witness - my carers heating engineer! For a HA to forget to do something so fundemental is ridiculous - and then to try and pass it off as a "day to day" repair takes the biscuit! :mad:

Fiona

ILW

I am a little confused, are they asking you to pay for the work out of your own pocket?

carefullycautious

Hi Fiona, we had exactly the same problems as regards removal of back boiler. A huge hole was left in the side of the chimney breast and bording placed along the wall to hide it.

When we moved into the property my husband removed the MDF boarding which frankly was an eyesore and lo and behold there was this gaping hole. Unbelievable!!! If there had been problems with the existing gas fire it could have killed the young couple and baby that lived in here before (Carbon monoxide fumes)

my husband filled the hole himself as he couldnt trust what the cowboy builders the LA hire would do next. This has been the case with most of the bodged jobs we have found and repaired at our own cost

Good luck with your complaint.

The recent news report of a gas explosion which demolished those houses was reported as being down to the gas fitter employed by the Housing Association who I believe apologised. Frightening