Housing Association Plumber caused flood, HA refusing to cover damages
Comments
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Anoneemoose wrote: »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
Thanks will have a look on Shelter and yeah I've documented everything.
My local Citizens Advice only see 15 people a day and they never pick up the phone. Will look into a solicitor.0 -
Anoneemoose wrote: »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.
It'll work if you make the link have some text as that avoids the forum breaking the link.
(Notice the space in compensat ion - that's what's broken your link). 0 -
It'll work if you make the link have some text as that avoids the forum breaking the link. (Notice the space in compensat ion - that's what's broken your link).
Thank you! I would never have known! Total technophobe.:rotfl:0 -
Put in a complaint to the HA 8n writing ab9ut their plumbers work and the way their staff have dealt with you for a start.
Then ask them to claim for your contents on their insurance - they have this to cover their mistakes. Send them photos and a list of all your damaged belongings with costs for each.
Insist that the repairs from the incident are carried out within a reasonable time frame. State in writing that you are holding the rent in a nominated account until the matters are settled.
Te-iterate clearly to them that you reported the issue and was at home for the plumber to carry out the repair - you have satisfied your legal duty to be co-operative. Any damage occurring from failure of the component the plumber worked in is due to him/them and so they are negligent and they are in breach of the tenancy agreement to maintain the building etc (quote it).
State that you have taken advice (this is code for seeking legal refress) and will be act8ng on that advice if reparation is not forthcoming expediently.
Something WILL happen!
If not then go to CAB or Shelter.
Do everything in writing.
I would also be notifying them of an admin charge I make on each letter I have to send of £25! It puts the wind up them and ensures a response even if you don't get the £25.
Good luck and go for it!
(I've never lost a case yet)0 -
Like others have said. Try CAB & Shelter.
Also, if your home is now suffering from severe damp and other problems, Go to the council and they can force the HA to act if its severe enough.0 -
Op hasn't been back to thread for a couple of weeks0
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tantriclady wrote: »Put in a complaint to the HA 8n writing ab9ut their plumbers work and the way their staff have dealt with you for a start.
Then ask them to claim for your contents on their insurance - they have this to cover their mistakes. Send them photos and a list of all your damaged belongings with costs for each.
Insist that the repairs from the incident are carried out within a reasonable time frame. State in writing that you are holding the rent in a nominated account until the matters are settled.
Te-iterate clearly to them that you reported the issue and was at home for the plumber to carry out the repair - you have satisfied your legal duty to be co-operative. Any damage occurring from failure of the component the plumber worked in is due to him/them and so they are negligent and they are in breach of the tenancy agreement to maintain the building etc (quote it).
State that you have taken advice (this is code for seeking legal refress) and will be act8ng on that advice if reparation is not forthcoming expediently.
Something WILL happen!
If not then go to CAB or Shelter.
Do everything in writing.
I would also be notifying them of an admin charge I make on each letter I have to send of £25! It puts the wind up them and ensures a response even if you don't get the £25.
Good luck and go for it!
(I've never lost a case yet)
1) The rule on damages does not allow for betterment so the usually the damages you can claim is the actual value of the item at the time it was damaged/destroyed, not the price you paid to purchase it 3 years ago and not the price of a brand new replacement
2) The admin charge isn't enforceable.
3) Its unwise to withhold rent unless you have obtained legal advice. It has to fall within certain rules and if it doesn't, you could lose your home and be evicted. So please be careful about advising people to do this in future.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
I would have thought the fact the leak went of for 7 hours as the OP did not know where the stopcock was and as such could not turn it off would have some bearing on the final settlement.0
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Op hasn't been back to thread for a couple of weeks
Sorry have been busy with work so haven't checked this thread. Housing are messing us about it looks like. Originally sent a letter "investigating" which was basically all lies as it basically stated their plumber didnt cause the leak and that he attended to the leak 7hrs later. They also incorrectly stated dates of phone calls moving the whole incident 24hrs forward.
I queried this saying that surely that is an official document and are they happy to submit this as final as i could contest it in court because all of the details were incorrect and they've changed the facts of what happened especially as I have phone logs as I called using my mobile. They didn't really say much on that.
Got my local MP involved and a few weeks later stated that they will replace flooring and to get quotes for them. Sent them quotes and they went silent again and avoided answering phone calls and emails. Now still trying to chase them up as it's been 3 weeks.
Haven't spoken to a solicitor yet but if no response by end of this week I will do so.0 -
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