sheltered accommodation and wording on tenancy aggreement

squizz11

my mum lives sheltered accommodation and has lived there for a few years now.   when she moved in she was given a key for a shed and was told it was her shed.   fast forward a few years and the shed fell into disrepair and the in the storms recently it completely fell apart.
the manager came round and told her the shed was her responsibility because she used it,  and said if she didn't remove it they would do it at her cost,  their quote was £400.
I have gone over and removed the shed though it was hard to get in a car and I now need to valet my car.

Anyway the wording in the contract is

"Hanovers obligations

To keep in repair the structure and exterior of the property including

Garages and stores."

who is responsible for the shed,  my mother never purchased it just used it and the key was given to her by a Hanover representative

thanks in advance

theartfullodger

Unfortunate that you've removed the shed.  IMHO it's Hanover responsibility and mum (Mum not you, she's the tenant with the contract - but presumably you could write all the emails/letters etc..) should  start by following their complaints process.
https://www.hanover.scot/wp-content/uploads/2019/08/2018-Complaints-Leaflet-Final-Draft.pdf

I would require Hanover to erect a new shed of at least same size as previous, plus maybe compo...

But housing associations can be arrogant toads, and dunno what the results will be.  Rather like another bunch of Hanoverians.... 

squizz11

thank you,   the woman I spoke to so far was extremely patronising.   Going to start with the area manager first and see how we go

thanks again

saajan_12

squizz11 said:

my mum lives sheltered accommodation and has lived there for a few years now.   when she moved in she was given a key for a shed and was told it was her shed.    - was it in the inventory at the start of the tenancy?
fast forward a few years and the shed fell into disrepair and the in the storms recently it completely fell apart. - did mum report this damage? They may have been able to repair and sure it up to avoid further weather damage.. 
the manager came round and told her the shed was her responsibility because she used it,  and said if she didn't remove it they would do it at her cost,  their quote was £400. - did they state in writing that the shed should / could be removed? 
I have gone over and removed the shed though it was hard to get in a car and I now need to valet my car.

Anyway the wording in the contract is

"Hanovers obligations

To keep in repair the structure and exterior of the property including

Garages and stores."  

who is responsible for the shed,  my mother never purchased it just used it and the key was given to her by a Hanover representative - so the shed is likely their responsibility (unless its a portable structure and left as a gift effectively?)

thanks in advance

At the start, the shed likely was their responsibility (assuming its not a portable structure that was left for mum's use, and it was included in the inventory as part of the accommodation). Mum should have reported the damage over the years, which would give them the opportunity to repair early and avoid further damage.

At this stage, mum (or you ie her guest) took it upon themselves to remove it. The manager's comments asking her to remove it (hopefully in writing?) should avoid any claims for repair / value of the shed. However you can't remove and then claim costs / a new shed if you did it yourself, that was your choice. What are you looking for..?

theartfullodger said:

Unfortunate that you've removed the shed.  IMHO it's Hanover responsibility and mum (Mum not you, she's the tenant with the contract - but presumably you could write all the emails/letters etc..) should  start by following their complaints process.
https://www.hanover.scot/wp-content/uploads/2019/08/2018-Complaints-Leaflet-Final-Draft.pdf

I would require Hanover to erect a new shed of at least same size as previous, plus maybe compo...

But housing associations can be arrogant toads, and dunno what the results will be.  Rather like another bunch of Hanoverians.... 

  No compo for choosing to remove a shed!!
[Complain maybe for the misleading information on who's responsibility]

squizz11

we didn't choose to remove we were told to or be billed.   we found out after removal of what was in the contract.    it's more about getting clarification  and an apology,  it stressed my 80yr old mother out to such an extent she had extreme stress related IBS all weekend.

saajan_12

squizz11 said:

we didn't choose to remove we were told to or be billed.   we found out after removal of what was in the contract.    it's more about getting clarification  and an apology,  it stressed my 80yr old mother out to such an extent she had extreme stress related IBS all weekend.

I understand, not pleasant for mum or anyone really - thats why I said you could complain about being given incorrect info (including the resulting stress etc). 

However legally, that is still chose to remove, as you still had the legal rights per your contract, even if you didn't know it at the time. So compo or a new shed won't happen now.. 
But apology, absolutely should. 

theartfullodger

Follow THEIR complaints process, not yours!

HampshireH

If a wooden shed it would almost certainly have been gifted at sign up and would be tenant responsibility.

If a brick shed and therefore a store or part of structure this would be the landlords responsibility.

I don't know of any who maintain wooden sheds. 

They would also be under no obligation to replace it if gifted 

tinytiddles

HampshireH said:

If a wooden shed it would almost certainly have been gifted at sign up and would be tenant responsibility.

If a brick shed and therefore a store or part of structure this would be the landlords responsibility.

I don't know of any who maintain wooden sheds. 

They would also be under no obligation to replace it if gifted 

Definitely this, my housing association (employer) would have either removed it when the previous tenancy ended and charged the outgoing tenant (or estate) or kept it in situ but made it clear in the tenancy agreement that it is the tenant’s responsibility.

If they didn’t make this clear to you then I would recommend making a complaint to them via their complaints process, although as someone else has said they won’t reinstate the shed nor pay removal costs but they may apologise for the confusion caused and for the distress it caused your mum.

It makes me really sad to see things like this especially from an organisation like Hanover that specialises in older people’s accommodation.

comeandgo

I am also of the opinion that a wooden shed was left by previous tenant and your mum accepted it and therefore it is ip to her to repair or remove.  I know we had many of the neighbours wanting to buy my late mums shed when we were clearing the property.

HampshireH

Note I also don't think they were in the wrong to say they would remove it and recharge.

Presumably it's on communal land (shared garden?) and being in disrepair was a h&s issue as well as unsightly?

They have a duty of care to ensure no one is hurt and also their communal spaces are safe.

However, if that is wrong and If she had a private garden it would have been a breach of the tenancy not to keep it tidy/maintained BUT theyshouldnt have said they would remove and recharge in this case. They could have offered, but would have had to enforce the tenancy conditions.