Who is responsible for this damage ?

Somerset

I'm posting this for my mum.

She owns her own flat, ex-council bought under RTB. It's in a block, freehold owned by council with the flats being a mix of still council and private. She has no contents insurance. The flat above her was bought by the tenants who changed the lay-out ie moved bathroom & kitchen . This couple then retired to Spain and rented it out to a Housing Association who have tenants in.

After the first leak from the flat above, mum complained to the council who said it was nothing to do with them but that the alterations were done without permission. They inspected them and gave permission retrospectively. Since then the leak from upstairs ( into her kitchen ) has happened four or five times. Each time the housing trust sends someone to the flat upstairs and when mum rings says ''it's sorted''. To date the damage has been mild - wet cupboards, paper off ceiling & stains on ceiling, knackered kettle.

Mum returned from a long weekend today and phoned me. The fridge-freezer is knackered ( full of rotting food ), the cooker doesn't work, the boiler's conked out and there's water in the cupboards again. She had a local council workman look at it ( help ! I'm an old lady ! ) and water's got into all the electrics which is why it's knocked everything electric in the flat out. As I said she's got no insurance but the leak is from the upstairs flat.

Who is responsible for sorting all this out - the owner ( in Spain ), the Housing Trust ( who have the 3 or 4 year lease ) or the tenants ( who also have no insurance. Mum is 76 btw and is running around like a headless chicken trying to get anyone to say they are responsible and will fix it.

Chris_Knight

I would make a claim on my own Buildings & Contents insurance. If they agree that there is a valid claim, it is then up to the insurance company to recover the costs from the relevant third party.

lisyloo

She has no contents insurance

Does she have any buildings insurance?

Somerset

She has no insurance herself i.e. contents.

The freeholder ( the council ) have buildings cover on the block. But this leak is nothing to do with the block or externals - it's the dodgy internal plumbing/pipework of the flat above.

Thanks

lisyloo

Is the ceiling is damaged then that should be covered under buildings insurance as the ceiling is part of the building.

If she has no insurance then she is going to have to pursue it herself.

I think she should talk to the housing association.

If she is still no sure who is liable then she should go to the CAB.

Will she be entitled to legal aid?

You can pursue claims through the small claims court for little cost but she need to determine who is liable first.

Somerset

The consensus seems to be the Housing Trust then ??

Another question please - based on the history of them repairing this leak and it obviously not being repaired. How can she force them to properly investigate it/fix it - otherwise I'll be posting this same scenario again !

Btw she's been to the CAB before on the previous leaks. They've been the ones who write/phone the Housing Trust up. So they're familar with this problem. But the damage has never been as bad as it apparently is right now. Not sure about the legal aid bit though, she has some savings.

lisyloo

I don't think she can force anything on them.

What she can do is draw their attention to previous problems.

Probably the "biggest stick" or "threat" she can use is to put it in writing that she will hold them liable for the costs of any further damage if this continues.

Somerset

lisyloo wrote: »

Probably the "biggest stick" or "threat" she can use is to put it in writing that she will hold them liable for the costs of any further damage if this continues.

But aren't they liable for the damage caused by the leak over the week-end then ?

She's 76 years old. She has been putting up with this for two years now. The repairs done by the Housing Trust have consistently not solved the problem. She is currently without heat, light or cooking facilities .... we don't know how long for.

If the NOTTING HILL Housing Trust are responsible for this situation, isn't there a bigger stick she can use to make them sort it out once and for all ? If they're a housing trust don't they care about anyone but their own tenants ?

lisyloo

But aren't they liable for the damage caused by the leak over the week-end then ?

Yes I meant that further costs would be IN ADDITION.

She's 76 years old. She has been putting up with this for two years now.

By "putting up" with it, I think she's been contributing to the situation of it not being addressed.
Why should they bother fixing it if the old lady downstairs isn't going to complain?

She is currently without heat, light or cooking facilities .... we don't know how long for.

This is completely unacceptable.
What is she and other familiy members doing about it?

I would be chaining myself naked to the gates of the housing association by now. She needs to start getting legal processes in motion.
If she has no money then she may need to get legal aid or get a free solicitor from the CAB, but as I said before the small claims court costs next to nothing.

I would suggest she pursues the repair but also pursues a complaint
http://www.nottinghillhousing.org.uk/content.aspx?id_Content=272

She should send any letter recorded delivery (extra 65p) and keep the receipt. She should state that if her claim for damage is not met within 14 days then she will take the matter to the small claims court.
She need to start keep records of dates and incidents. Start writing down now what she remebers from the past (dates, what happened, damage) and keep an ongoing record.
Usually these letters do the trick, but thorough records will help if she has to go to court.

If they're a housing trust don't they care about anyone but their own tenants ?

I suggest you stop relying on other people to sort out your mums problems.
They've had enough opportunity to sort it out and have clearly demonstrated that they don't care or are imcompetant.
Get it sorted by threatening the legal route.

I would advsie using insurance in future as they will fix problems first and then sort out the liability later causing minimum hassle (well they aren't perfect but a lot less stress than this).

olly300

In addition to lisyloo advice your mum needs to ensure all her future complaints are in writing and she sends them all recorded delivery.

lisyloo

Keep copies if you can.

The good thing about sending things recorded delivery is that they can't "fobb you off" with "lost in the post excuses".
She will have a receipt and you can go on-line and see when it was delivered.

The implicit "threat" of them knowing you can prove delivery usually staves of the "lost in the post excuses".

Threatening to take legal action usually gets things done pretty sharpish.

If not then she may have to be prepared to go to court, but any judge in their right mind will side with her oevr this.
But the more detail she has the better.

Keep a note of all letters sent (dates posted) and for phone calls get a name, time and date.

Your case will look much more credible if you have the details to hand rather than jsut saying "it's been draggin on".