Social fitted accessible shower for elderly dad - whos responsible for repairs?

[Deleted User]

Well social said nope we gave you the grant to fit it now its yours and landlords responsibility.

It is a little bit more complicated because he owns 40% and pays rent on the rest. I always wonder whos responsible for repairs anyway? Surely if they agreed to let him have this fitted they have adopted it as part of the property and are responsible for 60% anyway?

One other thing - he has got buildings insurance. I've got give them a rin but I'm hoping they'll pay for initial investigation work.

Ive told him to use the shower for now. Its not leaking AT bad. And if its leaked at all the ceilings gonna have to come down so he cant make it much worse. Also, hes away for a few days starting monday so im hoping to get it sorted when hes away.

He is really down at the moment. Slightest thing like this stresses him big time. Trying to tell him not to worry, its a minor problem, not the end of the world, and I just need to sort out best way to get it sorted. Luckily, like I said, if needs be I can pay for it (although hes got more than enough money to pay for it!). But thats another story - he'll be well upset if hes got to pay for it himself!

Yeh fix it yourself nice one. I wouldnt know where to start lol. If you are handy with things like this then fair enough but plumbers etc are trained professionals so its not that easy. Like to see some of those posters fix their own computers sometimes- chances are they;ll need a pro like me!

[Deleted User]

II - I guess its complicated by the fact that this was fitted after. It was something that he arranged and just got permission from the HA to do.

But like I said, does their agreement mean they accept part responsibility for maintenance?

I can see their point a little. Tenant says can I fit a bath that costs £5000 for intstance. If they say yes does that mean they have to repair it or replace it if it breaks? If it was me I'd be loathe for tenants to have anything if it meant I would be up for it later on down the line.

Person_one

I'd have called the insurance company first I think.

Is ther no home emergency cover or similar?

He shouldn't use the shower if he knows it's causing damage, there might be so etching in the wording of the policy that holds him responsible if he does.

Svenena

[quote=[Deleted User];66269467]Well social said nope we gave you the grant to fit it now its yours and landlords responsibility.

It is a little bit more complicated because he owns 40% and pays rent on the rest. I always wonder whos responsible for repairs anyway? Surely if they agreed to let him have this fitted they have adopted it as part of the property and are responsible for 60% anyway?

[/QUOTE]

I'm in the process of buying a shared ownership property, and from what I've read (which is lots), repairs and maintenance generally fall almost exclusively to the part-owner and not to the housing association. It's one of the major downsides of shared ownership, but you know what you're going into when you buy into these schemes (assuming you read before signing things), so can't really complain.

He should check his lease - that's where it will set out who is responsible for what.

jaylee3

Well whatever Paul, SS should point you in the right direction.

Trouble is, if it was fitted a few years ago, then the guarantee is probably up.

tomtontom

tomtontom wrote: »

Unless you can prove that the shower was inherently faulty, then it is your father's responsibility to resolve the fault.

As above - that is the legal position. It is no different from a home owner fitting their own shower.

**Patty**

[quote=[Deleted User];66269467]Well social said nope we gave you the grant to fit it now its yours and landlords responsibility.

It is a little bit more complicated because he owns 40% and pays rent on the rest. I always wonder whos responsible for repairs anyway? Surely if they agreed to let him have this fitted they have adopted it as part of the property and are responsible for 60% anyway?
[/QUOTE]

And that is the key ^^

They gave HIM the grant. The HA didn't install it, therefore they are not liable for maintenance either. I think you'll find there is a clause in the tenancy agreement absolving them of maintenance of any alteration done by the Tenant.

Sorry, but he is liable for repairs.

The only point you MAY have is.......Who did the installation? Was it a private contractor employed by Dad or was it an SS-approved contractor overseen by them?

WestonDave

If you take it back to principles then its not unreasonable for the repairs to be down to the tenant.


1. The shared ownership is another form of purchase finance - a mortgage for those that couldn't get anything else. So that would tend to suggest an owner style set up where the owner is responsible for repairs (albeit the part owner would have in interest in ensuring basic maintenance is carried out to protect their investment but I'd expect that to be via forcing the "owner" to do it).


2. The grant from the social for the shower is because having a special shower is an additional cost of his disability - therefore they are putting him back to the situation a normal able bodied person would be in. Maintaining a shower is needed whether or not you are disabled so that would seem reasonable to be treated as the owners responsibility from their own budgets.


In general these things tend to be one off capital sums with no budget behind them for repairs.

InsideInsurance

[quote=[Deleted User];66269494]II - I guess its complicated by the fact that this was fitted after. It was something that he arranged and just got permission from the HA to do.

But like I said, does their agreement mean they accept part responsibility for maintenance?

I can see their point a little. Tenant says can I fit a bath that costs £5000 for intstance. If they say yes does that mean they have to repair it or replace it if it breaks? If it was me I'd be loathe for tenants to have anything if it meant I would be up for it later on down the line.[/QUOTE]

Which is why I would read my contract to remove any uncertainty over what the HA's responsibilities are.

As a wet finger in the air I'd guess they'd be proportionally responsible for the structure of the building but not for the fixtures and fittings. That however is a pure guess.

As to insurance, remember that as soon as you tell them about it there is then an "incident" on file. Increasingly home insurers are asking not just about claims in the last 3-5 years but incidents and so you may well find the claim isnt covered but your premiums increase anyway.

Trace & Access is the sort of thing you are talking about and this typically isnt covered by the budget policies but is by the upper middle and above policies. If the ceiling is damaged by the escape of water then its slightly different but if the ceiling is currently fine and the damage is done simply to fix the leak then this is a key coverage to check for BEFORE callign the insurers.

dandelionclock30

Check with the Housing Association and with his insurer but I'm almost certain its for your Dad to pay out.
If hes got more than enough money to pay for it then I dont see what the problem is.