Housing Association Plumber caused flood, HA refusing to cover damages

Mrsn

OP we had something similar a few years back whereby a water leak was caused by the HA operative not sealing off a tap and water same through the kitchen wall and then the living room etc.

The first thing you need to do is go through their official complaints procedure with photos attached. If this doesn’t solve the issue they usually have an internal review panel that it would escalate too and if still nothing has been sorted and you have exhausted all their internal procedures it can be referred to an ombudsman.

Most HA tenancies do have it written into the clauses that tenants should have adequate contents insurance in place.... I appreciate it’s one of those unfortunate occasions where that hasn’t happened (and I’m fairly sure your beating yourself up about that now) but it could be on that basis they are refusing to have anything to do with this

unholyangel

Mrsn wrote: »

Most HA tenancies do have it written into the clauses that tenants should have adequate contents insurance in place.... I appreciate it’s one of those unfortunate occasions where that hasn’t happened (and I’m fairly sure your beating yourself up about that now) but it could be on that basis they are refusing to have anything to do with this

They can't refuse to pay out on that basis though. They can refuse on the basis they didn't owe the OP a duty of care (that would fail), that they weren't negligently in breach of that duty (that could go either way depending on circs), that the loss was not caused by their breach (I think that would fail also) and that the damage was not too remote (again, I think it would fail).

Of course, my experience of dealing with councils means I wouldn't expect any of their admin staff to know that. I've genuinely facepalmed more than once with some of the daft stuff they've come out with over the years. But, you pay peanuts......

davidmcn

Mrsn wrote: »

Most HA tenancies do have it written into the clauses that tenants should have adequate contents insurance in place.... I appreciate it’s one of those unfortunate occasions where that hasn’t happened (and I’m fairly sure your beating yourself up about that now) but it could be on that basis they are refusing to have anything to do with this

If the damage has been caused by the HA's negligence then whether or not the OP has insurance is irrelevant - they just claim from the HA rather than the insurers. The HA can't disclaim themselves away from liability.

Ha87987

SHAFT wrote: »

Why should they pay you for that? Surely they'll send in their own trades to repair their property.

I didn't say they should pay me for that, you're purposefully misinterpreting my words... and considering its been nearly a month and they haven't done anything to repair their property despite being chased..

Mr_Singleton wrote: »

Am really sorry OP but there are people here who enjoy giving newbies a hard time. Sad pathetic little lives & all that.

Sounds to me like you've got a good claim.... have you got a Citizens Advice near you?

Near impossible getting an appointment with them unfortunately. And yep I've realised about the giving a hard time thing on here.

And my HA nkw offered me £50 and said they wont replace anything.

Ha87987

Mrsn wrote: »

OP we had something similar a few years back whereby a water leak was caused by the HA operative not sealing off a tap and water same through the kitchen wall and then the living room etc.

The first thing you need to do is go through their official complaints procedure with photos attached. If this doesn’t solve the issue they usually have an internal review panel that it would escalate too and if still nothing has been sorted and you have exhausted all their internal procedures it can be referred to an ombudsman.

Most HA tenancies do have it written into the clauses that tenants should have adequate contents insurance in place.... I appreciate it’s one of those unfortunate occasions where that hasn’t happened (and I’m fairly sure your beating yourself up about that now) but it could be on that basis they are refusing to have anything to do with this

Been living in the property for over 20 years and they had never mentioned contents insurance and in the checks they do on number of residents in the house they never mentioned it either. Over the phone one of the managers stated it isn't their responsibility to inform tenants to have contents insurance and rather heavily implied it was better for them as otherwise in cases like this they would keep having to pay the insurance excess.

But I now have contents insurance after learning from this I guess.

They've offered £50 and said if I progress to take the complaint further their offer will likely be withdrawn and I'll most likely get nothing. The "manager" stated that the director would take her stance and say you should have had contents insurance and that their policy is not to compensate or replace even if it is negligence on their workers part. I dont know what kind of policy that is but it sounds like complete rubbish.

hollydays

Unbelievable .
Name the Ha

Ha87987

hollydays wrote: »

Unbelievable .
Name the Ha

One Housing

Anoneemoose

I’ve no advice to offer, and I’m certainly no expert, although I too was under the impression they couldn’t just shy away from their liability just because you might have had insurance.

If you haven’t got a Citizens Advice, have you tried contacting the phoneline? We’ve recently used it for an issue. It’s what used to be Consumer Direct, I believe but is called Citizens Advice. You’ll either get to speak to someone straightaway, or if they’re busy, they’ll call you back.

https://www.gov.uk/consumer-protection-rights

I’d also start to put things in writing now, if you haven’t already done so.

I’m not 100% sure but I think Shelter might be able to advise too. Not sure where you are so I’ve just chosen the England option, but there are different links for Scotland, Wales and NI

https://england.shelter.org.uk/housing_advice/repairs/damage_or_wear_and_tear

Anoneemoose

Also,

this page is interesting

https://england.shelter.org.uk/housing_advice/repairs/housing_disrepair_check_if_you_can_claim_compensation

Sorry, that link doesn’t seem to be working now. But if you navigate through the site, there’s good information.

stragglebod

Ha87987 wrote: »

I didn't say they should pay me for that, you're purposefully misinterpreting my words... and considering its been nearly a month and they haven't done anything to repair their property despite being chased..

Near impossible getting an appointment with them unfortunately. And yep I've realised about the giving a hard time thing on here.

And my HA nkw offered me £50 and said they wont replace anything.

I think it's time to speak to a solicitor who specialises in housing issues.