Council house - Due a new kitchen but previous tenants had fitted there own

chiefcrust1983

Hi all,

We completed a council house exchange last year and when we signed we had to take on responsibility of the previous tenants kitchen as they had supplied and fitted it themselves.

A couple of months ago we received a letter saying we were due a new kitchen but yesterday when they came out to go through this with us they said we cant have one because of the above.

Is there anything we can do to dispute this? When we signed it wasn't made clear that we would never get a new kitchen when our time came, also the kitchen that the previous tenant's had put in is a right old bodge! To get to the washing machine water feed you literally have to dismantle the worktops which would take at least an hour, there are cupboards where there shouldn't be (the lady that came out yesterday said your not allowed them over the sink or oven) the walls behind the units are terrible, full of holes and breaks.

Any help would be much appreciated, many thanks.

EssexHebridean

What does the document you signed relating to the previously installed kitchen say, as a starting point? 

comeandgo

Ah, I was going to ask why the council had not picked this up before you moved in but it was an exchange.

GDB2222

Did the previous tenants just replace the kitchen without permission? Or, did they sign a document saying that they would take over all responsibility for the kitchen throughout the tenancy? If so, is the rent reduced because of this? 

chiefcrust1983

Thanks for the replies so far:

The tenancy agreement doesn't state the extra responsibilities that we signed for, this must have been on a separate document that I do not have a copy of (I'm pretty good with keeping everything I sign so doesn't look like we were given a copy at the time!)

I don't know for sure but going from how the previous tenants are and the way they acted throughout the exchange process I would say highly likely they did not get permission for the kitchen they put in and no our rent has NOT been reduced because of it.

GDB2222

chiefcrust1983 said:

Thanks for the replies so far:

The tenancy agreement doesn't state the extra responsibilities that we signed for, this must have been on a separate document that I do not have a copy of (I'm pretty good with keeping everything I sign so doesn't look like we were given a copy at the time!)

I don't know for sure but going from how the previous tenants are and the way they acted throughout the exchange process I would say highly likely they did not get permission for the kitchen they put in and no our rent has NOT been reduced because of it.

You should ask the council for copies of all the documents! 

maisie_cat

A council will not replace a kitchen under 20 years old regardless of whether the tenant or the council installed it unless there is fire/water damage.
SH providers have enough trouble keeping up with reactive maintenance and improvements, they are not going to undertake work that is not required.
Now that the kitchen has been seen by a council rep you may get notice to remove the cupboards over sink & oven.

chiefcrust1983

GDB2222 said:

chiefcrust1983 said:

Thanks for the replies so far:

The tenancy agreement doesn't state the extra responsibilities that we signed for, this must have been on a separate document that I do not have a copy of (I'm pretty good with keeping everything I sign so doesn't look like we were given a copy at the time!)

I don't know for sure but going from how the previous tenants are and the way they acted throughout the exchange process I would say highly likely they did not get permission for the kitchen they put in and no our rent has NOT been reduced because of it.

You should ask the council for copies of all the documents! 

Yes, I'm drafting a letter to them and that is definitely in it

chiefcrust1983

maisie_cat said:

A council will not replace a kitchen under 20 years old regardless of whether the tenant or the council installed it unless there is fire/water damage.
SH providers have enough trouble keeping up with reactive maintenance and improvements, they are not going to undertake work that is not required.
Now that the kitchen has been seen by a council rep you may get notice to remove the cupboards over sink & oven.

Was hoping there would be a loop hole somewhere as they knew it was wrong when we signed for it, we had no idea the wrongs and rights of how it should be, the previous tenants were very good at covering up various problems that we have since had to foot the bill for

HampshireH

Two things

Firstly whilst you may have taken responsibility the landlord has an obligation to ensure you have a safe kitchen.

Many housing associations have moved away from saying a new tenant on an exchange have to take ownership forever. Often its 12mo the but some have moved away from this stance entirely.

Write your letter stating your case that your kitchen is a health and safety issue and non compliant.

Any new kitchen fitted by a tenant should be safely done and the landlord should be ensuring it is.

fullyrendered

If you have no joy with the frontline customer services make a formal complaint. Gather evidence, photos, timeline, etc keep it factual.

If you don't get a satisfactory remedy, after exhausting the complaints process you can take it to the Housing Ombudsman.