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Social housing Records

I’ve currently got a solicitor raising social housing failures in repairs and defects in the flat I live in.
Im wanting to know about telephone recordings as proof of verbal complaints I made! Would this be the case with them having these.
I have had two surveys both where nothing was noted down at the time of inspection 
social housing are denying I made them aware regarding certain problems in my flat when this wasn’t the case
Should there be proof of what I said to them on the phone or proof on my file

Comments

  • tacpot12
    tacpot12 Posts: 9,520 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    Social Landlords are not obliged to record telephone calls, so may not have done so. If they record calls, they are required to tell you that they record calls, so if they give you this warning, it is reasonable to expect that recordings exist of all calls, but occasionally technical issues will occur than means a block of calls will be lost. It would be extremely unlikely that regular failures would mean that ALL your calls to them would be included in any blocks of calls that were lost. Your solicitor should be able to use the loss of ALL calls to convince a judge that the landlord is hiding evidence. (The legal standard that will be used is "on the  balance of probabilties", rather than the stricter "beyond all reasonable doubt" that is used in criminal cases).   

    When the two surveys were performed, it would be normal for the surveyor to agree with the tenant what issues they were going to include in the survey report. The surveyor may decline to include items that they know are the tenants responsibility. Where there is any doubt as to whose responsibility a repair item is, it should be noted (the survey is NOT a guarantee that items of disrepair noted on it will be fixed).  If the surveyor has not agreed with you what items are to be listed, you should have complained at the time the survey was completed. You only hope is that you made cotemporaneous notes of all the issues you pointed out to the  surveyor. You need to convice the judge that you didn't forget to discuss with the surveyor, one or more of the issues that you reported to the landlord. 

    This is why tenants are always advised to WRITE to their landlord. If you write, and keep a copy and proof of porsting (that the Post Office give you for free), there is no doubt that the landlord has been made aware. You need to provide the proof that you made the landlord aware. 
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
  • deannagone
    deannagone Posts: 1,114 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    edited 20 June 2022 at 7:28AM
    Even emailing is an easily retrieved method of informing a LL of a repair need and that you sent it to them.  

    With my council, what I have found is even when a repair request is made by an inspector/contractor.., there is someone in repairs that can say 'no they are wrong' and discard the repair.  Its happening to me.  I am in the process of making a complaint to the council about this (online).  Unfortunately, just because an inspector etc has said a repair is needed, it doesn't mean back office repair staff will agree and carry it out.  Its wrong but its the system we have.

    I had this (probably quite funny if you are watching) situation where I had a contractor come round to repair my back door by replacing the hinges on it.  After months (and making my first complaint as the back door would not always close) within a week the contractors came round to put the hinges in.  Fantastic.  On turning up they said there was no point as the problem was a large crack in the pvc door around the lock area (that I complained about on moving in three years ago - and an inspector said nothing needed to be done about it) lots of replacement of handle and lock since).  They said the entire frame and door needed replacing.

    The contractors took a photo of the door crack, sent it in, with the request for door frame and door replacement.  I saw them do it. 

    Six weeks later I phoned to enquire what was happening and was told the repairs manager had said the contractors were wrong (literally was told this) and the hinges just needed replacing.  I explained what happened when contractors came round to replace hinges, that they took a photo explaining why hinge replacement (which they had in their hands) would not fix the problem. The person I was speaking to on the phone just seemed to be a stuck record, in spite of accepting the presence of the photo of the crack on my files, he just kept saying he'd send people round to replace the hinges.  So I had to keep repeating myself until he stopped offering to repair the hinges.  Eventually he spoke to the manager, pointed out the photo and the manager said ok, the door and frame needed replacing. Quite a ridiculous epistle really.  

    Great. 

    Except six weeks later I still have no idea if this will be done.  So will be making yet another written complaint.

    Its ridiculous, but seems to be a process of minimising repairs, regardless of need and evidence.  Its a process I am going through with a warped front door problem as well. Inspector reported it, requested repair, contractor came round and said it couldn't be repaired unless front door was replaced.  I'm still waiting.

    So security on this property isn't too good.  And it seems there's little I can do to get the problems repaired because there's someone in repairs back office just saying no.

    You could make a SARS request for all information on your records.  But your solicitor should know this.
  • Chandler85
    Chandler85 Posts: 352 Forumite
    Sixth Anniversary 100 Posts Name Dropper
    A SARS request wouldn't be worth it until the complaints procedure has been followed, as part of that complaint they would check for emails regarding the problem and potentially phone calls if you said you made them and they record them.  Though most places won't record every call and even when they do, they will be kept for a relatively short period of time often compared to emails and letters for example.
    They should have kept a log of your calls though and what you were calling about.  So there should be some evidence somewhere.
  • theartfullodger
    theartfullodger Posts: 15,952 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I’ve currently got a solicitor raising social housing failures in repairs and defects in the flat I live in.
    Im wanting to know about telephone recordings as proof of verbal complaints I made! ................
    The position I take is that recordings I make of 'phone calls are to assist my failing memory.  I may then quote back the exact words used , and by whom.  When the other party denies this happened I ask would they like to hear the recording.
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