First Wessex Housing Association Problems!

Southerner3000

Afternoon everyone, apologies if this is in the wrong thread but me and my partner are in desperate need for advice.

It's a long story so please take the time to read through and comment with any questions or advice you could provide.

We live in a Shared Ownership 2 bedroom ground floor flat and 3 weeks ago, our hot water stopped working.

First all we contacted was to First Wessex to see if they would cover repairs, as we expected we would cover those repairs - fair enough.

We then contacted our boiler manufacturer who we have a service plan for to come out and inspect - they found no issues with the boiler itself and found the underlying problem to be the gas supply outside. It appears that someone has damaged the pipe (probably our neighbours gardening and being over zealous with a spade)

As this is not covered in the service plan, they recommended we contact the housing association again.

After contacting First Wessex, they sent someone out today to have a look, they have said that they are not responsible for pipes and that we, as we are leaseholders are fully responsible for this.

I have spoken to our contents insurance providers who are unable to cover this as they define pipes as part of the buildings.

Contacted the housing association with this information and asked for details of the buildings insurance company and a copy of the lease agreement for them to give the following reply:

I have checked your account and currently the Leasehold agreement is not available, all the scanning is due to be completed by the end of April, until then the files are with a company and we have no access to them.

I have looked into the situation again for you and unfortunately the pipes are deemed as not First Wessex responsibility.

The damage is from the meter to your residents boiler and this would come under the sole supply of your flat. As this is the case we are not able to claim this on our insurance and it is not FWPS responsibility, it would be your responsibility.

I've replied asking them to quote where it says they're not responsible and again for buildings insurance details but the person who has access is not in until Monday.

This leaves us again without hot water and gas and we are facing a £600+ bill to rip the walls out to re-run the pipe to the boiler!!

We are seriously considering taking legal action as we are being treated disgustingly in my opinion and want to take this to the press.

I'm waiting or DAS Legal to ring me back as we have this as part of our contents insurance but i'm not holding much hope.
Does anyone have any advice that could help us?

The main issue for us is even if we were responsible for it, there is no way we could have insured for it as we don't have a legally recognised interest in the buildings to insure them.


Thanks in advance

Southerner3000

Bump - Spoken to DAS who have said we need to wait for a copy of the lease agreement (end of April)

I think it's shocking it takes nearly 3 weeks for them to get a copy of this.

bunnybunnyrabbit

If the pipe solely serves your flat, it will most likely be your responsibility to arrange repair. You can get a copy of your lease from land registry (for a fee) if you want to check this.

However, you should be able to claim on the buildings insurance (it is the Freeholder's responsibility to insure the building). Call the HA and ask who the buildings insurer is for their properties, then call the insurer directly.

The HA sound very unhelpful!

Southerner3000

Thanks for that - I've managed to find a copy of the lease agreement at last and it appears they define the "Premises" as:

All service installations laid within any part of the building or the premises and which serve the premises exclusively. (so the gas pipe in to my flat)

There is also a covenant which states:
"The landlord will the premises and building insured against loss or damage from fire and other such risks."

I've contacted the buildings insurer directly and need to pay a £25 excess I believe but now need to get two quotes for the repairs to be done.

I will be speaking with DAS tomorrow morning to see if I have a case for breach of contract.

The HA will be getting a nice phone call on Monday

Johnandabby

Southerner3000 wrote: »

It appears that someone has damaged the pipe (probably our neighbours gardening and being over zealous with a spade)

Some very zealous spadework, as gas pipework is supposed to be buried at a minimum depth of 600mm. The whole point is that it's buried below a standard spade depth to prevent damage.

Taiko

Be interested to see how you get on, as I'm also a leaseholder with them!

Southerner3000

Johnandabby wrote: »

Some very zealous spadework, as gas pipework is supposed to be buried at a minimum depth of 600mm. The whole point is that it's buried below a standard spade depth to prevent damage.

Well these pipes are above
ground unfortunately