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Housing association taking unreasonably long time to repair a leak

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heffalump123
heffalump123 Posts: 13 Forumite
First Anniversary Combo Breaker
in House buying, renting & selling
Hello

I have a leak above my window frame in my bedroom - the water comes down through the plaster rather than through the window frame.

I reported this leak in April 2018 and the housing association repaired it in June 2018, three months later.

The leak returned in February 2019 and the housing association didn't repair it until Easter. A few days later it was apparent that the repair had not done the job, the leak was still there. But I am still waiting for them to repair.

The housing association don't seem to think there is a problem with their long response times even though the plaster and paint work around my window has become increasingly damaged due to the delay.

I have made a number of complaints but the housing association keep blaming their contractors. As far as I am concerned, I pay them the service charge so they are responsible.

I am now at my wits end so wondering about contacting a solicitor. However, I'm unsure what my status is. I bought the flat via shared ownership but now own it 100%. Should I look for legal advice from a solicitor who specialises in housing association tenancies?

Wondering also if anyone here has used the housing ombudsman. Is it a process worth considering?

I tried looking up threads that cover this topic but couldn't find any - however if there are some, please do let me know :-)

Would appreciate any advice or thoughts.

Thanks :-)
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  • Comms69
    Comms69 Posts: 14,229 Forumite
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    heffalump123 wrote: »
    Hello

    I have a leak above my window frame in my bedroom - the water comes down through the plaster rather than through the window frame.

    I reported this leak in April 2018 and the housing association repaired it in June 2018, three months later.

    The leak returned in February 2019 and the housing association didn't repair it until Easter. A few days later it was apparent that the repair had not done the job, the leak was still there. But I am still waiting for them to repair.

    The housing association don't seem to think there is a problem with their long response times even though the plaster and paint work around my window has become increasingly damaged due to the delay.

    I have made a number of complaints but the housing association keep blaming their contractors. As far as I am concerned, I pay them the service charge so they are responsible.

    I am now at my wits end so wondering about contacting a solicitor. However, I'm unsure what my status is. I bought the flat via shared ownership but now own it 100%. Should I look for legal advice from a solicitor who specialises in housing association tenancies?

    Wondering also if anyone here has used the housing ombudsman. Is it a process worth considering?

    I tried looking up threads that cover this topic but couldn't find any - however if there are some, please do let me know :-)

    Would appreciate any advice or thoughts.

    Thanks :-)



    If the flat originates in your property then I believe the repair would be your obligation.


    If it is a communal flat then you would have a claim in the small claims court for any damages


    I don't see how the ombudsman is relevant as you aren't a tenant
  • M_Python
    M_Python Posts: 176 Forumite
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    I don't really know much about shared ownership but, when you staircased to 100% ownership, did that not mean that you are now 100% responsible for any repairs?
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    M_Python wrote: »
    I don't really know much about shared ownership but, when you staircased to 100% ownership, did that not mean that you are now 100% responsible for any repairs?



    Yes. unless it's a communal system issue.
  • SmashedAvacado
    SmashedAvacado Posts: 1,262 Forumite
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    Comms69 isnt accurate in his post. The responsibility for the repair will depend on what the lease says. The definition of premises will identify what forms part of your demise and what forms part of the landlord's reversion. if the leak comes from the landlord's reversion (ie bits that do not form part of your property) then the cost will likely be proportionally recovered through the service charge. If the leak is from something that you own (ie within the definition of premises in your lease), then you can do the repair and pay for it.

    I would assume that the item forms part of the landlord's reversion as otherwise they woudlnt have done the repair.
  • Gycraig
    Gycraig Posts: 317 Forumite
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    So you have a problem with a window on the house that you own ?.

    Unless it's caused by a leak in another flat leaking down you need to fix your problem
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    SmashedAvacado wrote: »
    Comms69 isnt accurate in his post. The responsibility for the repair will depend on what the lease says. The definition of premises will identify what forms part of your demise and what forms part of the landlord's reversion. if the leak comes from the landlord's reversion (ie bits that do not form part of your property) then the cost will likely be proportionally recovered through the service charge. If the leak is from something that you own (ie within the definition of premises in your lease), then you can do the repair and pay for it.

    I would assume that the item forms part of the landlord's reversion as otherwise they woudlnt have done the repair.



    Confused how that isn't what I said, but ok...
  • SallyDucati
    SallyDucati Posts: 560 Forumite
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    edited 25 June 2019 at 11:38AM
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    As it's a flat I presume it's leasehold - what does the lease say about maintenance of the structure & windows? Is the leak caused by the window fitting badly or something wrong with wall?

    If the window I would suspect it may be your responsibility, if the wall probably the freeholder/housing association but you need to check the lease.

    edit - SmashedAvacdo beat me to it while I was typing!
  • SuperHan
    SuperHan Posts: 2,269 Forumite
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    Gycraig wrote: »
    So you have a problem with a window on the house that you own ?.

    Unless it's caused by a leak in another flat leaking down you need to fix your problem


    Likely because of the lease terms.


    We have a leaking window in the flat that we own. We can't get it repaired/replaced as the window is not ours - under the terms of the lease the external walls and windows are the responsibility of the landlord. Therefore a fix like this (assuming it was coming from the outside, or from the building's pipes which we are equally not allowed to fix) it would be the freeholder's responsibility, not ours.
  • heffalump123
    heffalump123 Posts: 13 Forumite
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    Hello everyone

    I should have made clear that the leak is an external building structural issue rather than a leak in my own window. I pay a service charge which includes building maintenance.

    The housing association has already accepted responsibility - that has not been an issue.

    The issue is how long they are taking. My understanding is it would be legally difficult for me to repair this myself. So I have to go via the housing association.

    This has been going on for a long time so I want to get some legal advice. But I'm unable to find solicitors who say they can advise property owners in housing association buildings. So I was wondering if I should go for a firm that works with housing association tenancies - I know I am not a tenant but I pay the housing association a service charge so there could be overlap?

    Thanks everyone
    Cathy
  • heffalump123
    heffalump123 Posts: 13 Forumite
    First Anniversary Combo Breaker
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    SuperHan wrote: »
    Likely because of the lease terms.


    We have a leaking window in the flat that we own. We can't get it repaired/replaced as the window is not ours - under the terms of the lease the external walls and windows are the responsibility of the landlord. Therefore a fix like this (assuming it was coming from the outside, or from the building's pipes which we are equally not allowed to fix) it would be the freeholder's responsibility, not ours.


    Thanks SuperHan - you've explained it more clearly than I have.

    Wondering if you have sought any legal advice. If so, what kind of solicitor did you contact?

    If you have any advice on what I might be able to do, I'd really appreciate it.
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