Problems with housing officer

allen169

These are the reasons given.

Health and Safety Risks – Poisonous fume related
Structural Risk to the property if alterations are needed to accommodate the appliance and these are not done properly.
Maintenance Risk – an unacceptable ongoing maintenance burden and cost to the HRA
Enforcement Risk - cost of enforcement re correct use
Nuisance Risk – to neighbours and noncompliance with legislation in respect of the Clean Air Act.

They also say they would be duty bound to maintain the appliance. Something they are not willing to undertake.

G_M

The propertyand/or tenancy are inappropriate. Move to a property with an EPC rated A.

allen169

G_M wrote: »

The propertyand/or tenancy are inappropriate. Move to a property with an EPC rated A.

I may sound slightly stupid here, but please can you elaborate. Moving properties is not possible, our Autistic child is settled here, and does not like change. Doing so would cause him severe upset, as you can imagine a problem we have to try and deal with on a daily basis. If I understand you correctly your advising to move to a property with an energy rating A. We are without a door to the downstairs of the property (this was removed again by the ex, again, housing officer refused to work with us to get this replaced) So we can't even close in our living room to keep the heat in the room. Each time I complain to the council regarding any of the issues I keep getting the same response 'You used your joint tenancy to return to your home, therefore you are jointly liable for any damage to the property' hence they will not make any repairs that were caused during my absence. Two separate issues here.

allen169

Would it be possible to say that my alteration request has been unfairly refused?

Pixie5740

The council have given you several reasons for not granting permission for the wood burning stove whether you think they are fair or not. Unless there's a process of escalating your request there's not much you can do about it. You could have sought permission prior to installing the stove, installed a new electric fire, or have electric heaters as a back up in case the boiler fails (this is what I do). Hindsight is a wonderful thing.

As for the damage caused by your ex and since you are a joint tenant then you are jointly and severally liable for the damage caused so the council isn't responsible for repairing it.

allen169

Pixie5740 wrote: »

The council have given you several reasons for not granting permission for the wood burning stove whether you think they are fair or not. Unless there's a process of escalating your request there's not much you can do about it. You could have sought permission prior to installing the stove, installed a new electric fire, or have electric heaters as a back up in case the boiler fails (this is what I do). Hindsight is a wonderful thing.

As for the damage caused by your ex and since you are a joint tenant then you are jointly and severally liable for the damage caused so the council isn't responsible for repairing it.

I understand, however an electric fire is not appropriate. These generate noise which upsets the autistic child. As well as this the cost of running these is astronomical! My partner suffers with Raynauds so has to be kept constantly warm also, the gas bills are unaffordable hence the reason for using the wood burner to take the edge off the gas price, believe it or not, the wood burner when in use did heat the home through the use of eco fans and the heat generate upstairs from the warming chimney breast.

allen169

The council also have a duty of care to the tenant under hse. So exposed pipes and live wires are surely not my responsibility to repair. And unless I had a magic key in the previous years allowing me to enter the property to cause the damage I don't see how it could be fair. One of those little loopholes I presume. The Authority in question here is Rotherham. I just don't understand why they can't see how the needs of a disabled child and adult could be eased through using such a device.

The council even use biomass for their own district heating plants, install solar panels on schools so why not allow their own tenants to benefit from the correct use of such devices. (We aren't allowed solar panels, something to do with an issue with ownership of the roof so pretty much stuffed when it comes to being green and energy efficient.)

Ivana_Tinkle

I have Raynaud’s syndrome too and I'm completely bemused by the way you're talking about it as if it were a disability, necessitating adaptations to your home, rather than an inconvenience (albeit often a fairly troublesome one). You certainly don't need to be running up huge heating bills to manage it. In fact, since it's changes in temperature which cause problems, rather than the temperature itself, keeping your house too warm could arguably make things worse. I find wearing gloves at all times (fingerless inside, good-quality windproof ones outside), thick socks/slippers, hand warmers when necessary and being sure never to put my hands or feet in cold water are the most effective measures.

If you bring up Raynaud's in your dicussions with these officials, the first thing they're going to do is Google the syndrome and realise that it's completely irrelevant to your argument.

AdrianC

allen169 wrote: »

Each time I complain to the council regarding any of the issues I keep getting the same response 'You used your joint tenancy to return to your home, therefore you are jointly liable for any damage to the property' hence they will not make any repairs that were caused during my absence.

And therein lies your problem, distilled to basics.

There is only one tenancy here.
During that tenancy, damage has been deliberately caused to the property by the tenant(s).
Now the tenant(s) are demanding the council fix that damage.

Your complaint, and demands for restitution for that damage, lies against your ex, privately. Not the council, as your landlords. It is not their problem. The habitability of the property has not been affected by their action or inaction, but by the current tenant(s).

Bed. Made. Lie.

Poppie68

Firstly replace the door, you as the joint tenant are still jointly liable for all damage , do the repairs and see if it is possible to sue your ex for her share...replacing the door will improve the environment for your partner.
In regards to 'unfair refusal'....IMO I don't believe they are being unreasonable, there seems to be several factors just the maintenance risk to the HA could be enough for them to deny it.