Housing Association - landlord problems!

robertoefc

Hi all

I am looking for some advice on problems I am experiencing with the Housing Association (HA) who own the freehold on a property I have recently purchased (apologies if this is in the wrong place?).

I completed on the property, becoming the new leaseholder, on 9 June, 2023 and since then have had several problems with the HA. I was made aware prior to buying the property that improvement works were due in 2023, however no budget had yet been agreed and thus the works had not been scheduled.  I also understood that any works had to go through an initial consultation stage with the property tenants before they could be formally agreed.

A week or two after completing on the property, contractors arrived to upgrade the loft insulation and in so doing they managed to crack the ceiling on my landing.  Good enough, the HA arranged for the contractor to repair the damage, however the repair work actually left the ceiling looking worse as they used a cheap sealant to cover the crack which they then painted over, in a paint colour different to the existing one.

Then, a couple of weeks ago, I arrived at the property to find scaffolding had been erected all around it and work to replace the roof was beginning.  I was given no notification that this work had even been costed and agreed, let alone scheduled and undertaken.  As a consequence of this work, I have been unable to move into the property due to access issues.  Moreover, since the work began I have noticed damage to the ceiling of my bay window, above which work is taking place. The ceiling has begun to bend and bow, cracks have begun to appear and the freshly coated paint I'd applied during the course of internal improvements I've been undertaking has also taken on large spots of discolourment.  In addition, the window sills throughout the property have accumulated lots of soil and the occasional pool of water.

I have called the HA on several occasions to complain about the damage, the lack of communication and the service level more generally but they have failed to call me back to discuss as promised, within their agreed service level (over 10 days since initial call and 5 since the follow-up).  I have now written an email to complain formally about the situation, however before sending I wanted to gain an understanding of where I actually stand and what rights I may have.  Has anybody else experienced similar issues and if so, how were they resolved? Do I have sufficient reason to engage the Housing Ombudsman if the HA continues to fail to respond or to adequately repair damage caused?

Any feedback GREATLY appreciated!

Many thanks

R

Schwarzwald

robertoefc said:

Has anybody else experienced similar issues and if so, how were they resolved?

I own a leasehold flat in London also with a large HA as freeholder and managing it.
the service level is shocking.
the organization is beyond incompetent. they renewed our entire roof approx 1 year after me moving in without the proper consultation and budgeting process. I documented everything well and sent regular emails chasing and reminding them.

so all i am saying, your situation doesnt seem aytpical. large HA seem utterly understaffed and inundated, communication is super poor. 

I think most important to document communication as best as you can in case it ever comes to a legal dispute

robertoefc

Thanks for the reply, appreciated! I've sent them an email now and attached pictures of the various damage that's followed from "repairs" they've undertaken. But I didn't take pictures before the repairs began so I'm anticipating they will ask for some kind of proof that it's not the result of work I've done since completing on the property (ceiling skim and painted). Currently trying to find out whether the survey I had done prior to completion would have mentioned the damage to the bay window ceiling specifically, if it had been present at the time of the inspection. I have pictures of the ceiling from the Rightmove listing but am unsure whether that is of any use.

Kind of reassuring to know I'm not by any means alone but also a bit depressing that others have experienced the same too, as it indicates a pattern of indifference and poor service. 

Can I ask Schwarzwald - I've been led to believe that I will be invoiced for the new roofing work, whereas the other tenants in the block won't as they all rent whereas I 'own'. Does that sound familiar also?

Thanks again

eddddy

robertoefc said:

I've been led to believe that I will be invoiced for the new roofing work, whereas the other tenants in the block won't as they all rent whereas I 'own'. Does that sound familiar also?

It depends what the lease says. But it's likely to be something like this:

• The HA (freeholder) is responsible for repairing structural parts of the building  (like the roof) and the communal areas.

• You will have to pay the HA a percentage/fraction of the cost

• For example, if there are 10 flats in the block, your lease might say you have to pay 10% or 1/10th of the cost of repairing the roof.

• If, for example, the HA own the other 9 flats (and rent them out), then the HA would have to pay the other 90% or 9/10ths of the cost of repairing the roof.

(That's the standard situation for most landlords who rent out properties on ASTs. The landlord charges monthly rent to their tenants - and the landlord then has to pay service charges for roof repair costs etc out of the rent they receive.)

robertoefc

Thanks Eddy. Will await a response from the Housing Association. Am I best to escalate to the Housing Ombudsman in the event their response, if I even get one, is unsatisfactory? (and how effective even are the Housing Ombudsman?)

Thanks again! 

eddddy

robertoefc said:

Thanks Eddy. Will await a response from the Housing Association. Am I best to escalate to the Housing Ombudsman in the event their response, if I even get one, is unsatisfactory? (and how effective even are the Housing Ombudsman?)

Thanks again! 

It sounds like you are saying....

• Your freeholder / HA has hired some contractors to upgrade the roof insulation and repair the roof.

• The contractors have: cracked the ceiling, botched the ceiling repair, damaged your flat, etc.

So step 1 is to tell the HA what the contractors have done, so the HA can give the contractor company a telling-off and ask the contractors for an explanation, and tell the contractors to put it right. 

(I imagine the HA are as angry as you are that the contractors they have hired seem to be incompetent.)

Hopefully, the contractors will give the HA an explanation of what's gone wrong, and what they will do to put it right - and the HA will pass the info on to you.


If you feel that the HA aren't giving you good service, you can complain to the ombudsman. For example, if they're not keeping you updated on their discussions with the contractors - perhaps that's bad service.

But they might argue that they've had no response from the contractors yet, so they have nothing to tell you. But perhaps they should at least tell you that.


Ultimately, if the damage to the ceiling and your flat isn't repaired properly in a reasonable time - you might have further cause for complaint.

HampshireH

The consultation stage may already have occured (aside of the last stage).

Have you checked that no section ,20 was served on the former leaseholder.

If you want to go to housing ombudsman you need to follow the HA complaints process first and exhaust it.

If no section 20 was carried out then the would have to cap the costs to you at £250. They can go to tribunal and ask for dispensation but they would need a good reason, such as urgent repair works (consultation takes about 3 months so if repairs are needed more urgently to prevent damage or a health and safe risk this could be a legitimate reason).

robertoefc

HampshireH said:

The consultation stage may already have occured (aside of the last stage).

Have you checked that no section ,20 was served on the former leaseholder.

If you want to go to housing ombudsman you need to follow the HA complaints process first and exhaust it.

If no section 20 was carried out then the would have to cap the costs to you at £250. They can go to tribunal and ask for dispensation but they would need a good reason, such as urgent repair works (consultation takes about 3 months so if repairs are needed more urgently to prevent damage or a health and safe risk this could be a legitimate reason).

Thanks for this.  As far as I am aware the previous leaseholder did not receive a Section 20 Notice with respect to roof repair works, and I have not received one either.  My solicitor advised me in May, prior to completion:

1. "A Section 20 notice is envisaged for a roofing program...They do not have the figures yet but you do need to be aware that you will be sent an invoice for this." 

Can you clarify; if neither I nor the previous leaseholder have received a Section 20 with respect to works being carried out - they can only charge me a maximum of £250 for the works?  I had a survey carried out in March and the report concluded that the roof, which they are in the process of replacing, was in good order - so definitely not an urgent repair.

Thanks again 

robertoefc

This is the only letter the HA has sent me. Does a Section 20 Notice have to say it is a Section 20 Notice?  The letter I received does not say Section 20 anywhere within it. It does, however, state 'we are pleased to inform you that your home's roof and loft insulation are to be upgraded', before going on to state when the loft insulation will take place. There is no further mention of the roof upgrade. The next notification I had that the roof was being replaced was when I turned up to find the scaffolding had already been erected.

Any advice, again, much appreciated! 

Shelldean

Can't help much but want to say with my HA I have to go thru their complaints procedure before I can go to the ombudsman.
In my case it's stage one, if still unhappy stage two, then to housing ombudsmen!

HampshireH

Have a read here

https://www.lease-advice.org/faq/what-is-the-section-20-consultation-process-for-major-works/

Will tell you all you need to know.

A section 20 notice does need to state it yes and it is a two or three stage (in some cases) process. It's a legal notice required if they intend to charge you.

Notice of intention -30 day consultation period

Notice of proposal - 30 day consultation period

I would suggest you put a request in for copies of the notices served as a starting point.