Landlord and smoke alarms help!!

[Catty83]

hi,

 

I'm really hoping someone can help me? To cut a long story short I rent my home from a housing association. Last year we had a devastating fire meaning virtually the whole of upstairs needed re building. Last august we moved back into the property being assured that it was safe and habitable. Much to my shock today I was informed during my annual gas safety check that I should have 2 wired smoke alarms in my property which was built in 1996- I only have one upstairs. Further more my alarm upstairs (non battery (operated) has been tested by an electrician and it is not working! I also have light switches that are not working. I am now feeling that my housing association have not acted with in the law by working with in the building regs. They have left me today with no working smoke alarms after promising to fix the problem today! I have been out and bought battery operated smoke alarms so I can at least sleep tonight. I would like some advice on where I should go from here? can I claim my rent back from living in this property which potentially isn't safe? Can I request a PAP test or a move? Any advice would be gratefully received!

[sir_gilmour]

Hi Catty83

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

[honeybee13]

Hello there.

 

I'll move this to the lettings/freehold forum, where the guys should be able to help you. I'll leave a short term redirect on this forum for you to follow.

 

My best, HB

[Catty83]

Has this thread now been moved? As I can't see how to do it on my iPhone? :/ Could someone move it for me please?

[honeybee13]

I moved it and you're posting on it.

 

Here's a link in case you need it.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?397403-Landlord-and-smoke-alarms-help!!%282-Viewing%29-nbsp

 

HB

[raydetinu]

Contact local Fire brigade and/or council for advice and possible inspection and they will contact HA

[Catty83]

I have had some advice from Shelter. While my landlord does not need to provide me with smoke alarms by law, the building regulations act 2006 states that any dwelling built after 1992 must have a wired smoke alarm fitted on every level.

Why didn't my housing association make sure that the contractors had worked with in these regulations before allowing me back into the property?

I have contacted environmental health in regards to the health and safety rating system. I will then be looking into the housing act 2004 to see if I can establish whether my housing association have complied with there duty of care. Any thoughts on this?

[Steve__M]

You say they have promised to fix them today.

 

Is it worth you giving them a bit more time, especially now you have your own alarms. Things do go wrong some times.

[Catty83]

That was yesterday. They will not be fixing them until sometime next week. My main problem (now I know I have working fire alarms of my own) is that I have been renting a property that does not comply with building regulations, also there is the issue of my contents insurance being invalid due to this :/

[raydetinu]

What does the insurance policy actually say about smoke alarms?

[Catty83]

I was supposed to say possibility of insurance being invalid. I need to look I to this.

[stu007]

Hi

 

Have you checked your Tenancy Agreement for any reference to Smoke Alarms?

 

Have you checked your Tenants Handbook for any reference to Smoke Alarms?

 

Have a read of this link from Inside Housing interesting read: http://www.insidehousing.co.uk/repairs/sounding-the-alarm/6516693.article

Edited July 19, 2013 by stu007

[stu007]

Now I assume you reported this repair of the smoke detector to the HA and they should have informed you:

 

1. The priority of the repair - i.e. Emergency, Urgent or Routine did they do this?

 

2. The time limit for the repair.

 

If the repair cannot be completed within the specified time limit the HA should inform the tenant and give a new time limit for completing the repair - Now the but this has to be with the agreement of the Tenant.

 

TIP: Always look at the Housing Associations website and have a good read through any documents on there site and use there own documentation against them.

 

Example:

 

Repairs Policy.

Health and Safety Policy.

Fire safety Policy.

Customer Service Standards/Charter.

Tenants Handbook.

Complaints Policy.

 

Which HA?

 

Are you in England, Wales, Scotland?

Edited July 19, 2013 by stu007

[Catty83]

Thank you for all the interesting information which I'm currently ploughing though. My point still remains though that I should have a smoke alarm on each level and I don't have one downstairs. As my house was built in 1996 and re- modelled in 2012 surely they should know that they have not acted within building regulations.

[Catty83]

The only thing I have heard from the HA is that yesterday they promised to provide me with working smoke alarms which they didn't. I reported the fault as soon as I was made aware of it. I submitted a letter of complaint and an email today. I had a phone call from the head of property care who confirmed that there was no law to suggest that they as landlords need to provide me with smoke alarms and passed the buck to the contractors in regards to the building regs which they are looking into. I have been told that no work will be carried out until at least next week and they will be in touch.

[Catty83]

I'm in England- the West Midlands . Unfortunately, my tenants hand book and tenancy agreement were lost in the fire so I will be requesting new copies.

[raydetinu]

I had a phone call from the head of property care who confirmed that there was no law to suggest that they as landlords need to provide me with smoke alarms and passed the buck to the contractors in regards to the building regs which they are looking into. I have been told that no work will be carried out until at least next week and they will be in touch.

 

I believe they are wrong as the building was built after 1992 and they operate it; it must comply with building regulations! If it did not have them they should of ensured they were fitted!

As said speak to the Council.

[Catty83]

I am hoping environmental health will carry out an inspection in regards to housing health and safety rating system and contact the HA. I feel that under the Housing Act 2004 they are not for filling their duty of care. What makes it even more upsetting is that my husband, 3 children and I have already been through the horrors of a house fire at this property due to a faulty television set. We lost all of our contents ( luckily I was insured for that). I just expected them to really be on the ball with the fire safety aspect and in hindsight maybe I should have done my own research but I put my trust in them naively.

[stu007]

I have to agree they are responsible and the person from the property care that passed the buck and blamed the contractor should be retrained saying that to any tenant or service user.

 

The reason I say that and I hope you got there name as it was the Housing Association that contracted the contractor to build the properties therefore it is fully the housing association responsibility and what they have done is fob you off with an excuse.

 

THEY ARE FULLY LIABLE FOR THERE CONTRACTORS ACTIONS.

 

Make a complaint about this.

 

Oh please do name them.

 

Now something I haven't asked yet, what was the cause of the fire in the property have you been told?

 

 

Just for Info:

 

When the Housing Association proposed to build these properties they have to follow EU Procurement Rules so they must put the contract out to tender and then the relevant firm place tender bids with the HA there has to be a minimum amount of firms bidding.

 

They are then interviewed by the HA who also look through the contracts with a quality controller and legal assistance and they have a set process to basically get it down to the final decision.

 

The legal side for both parties then check any verify the contract and its signed off.

 

There should be a specific team from the HA (development section) dealing with the build from start to finish.

 

Once the properties are completed and ready to handover, the housing association should complete a full inspection of all the new built properties and there is a legal handover of the properties to the HA

 

REMEMBER THE CONTRACTOR IS WORKING ON BEHALF OF THE HOUSING ASSOCIATION

 

DO NOT ACCEPT THE EXCUSE ITS THE CONTRACTORS RESPONSIBILITY

Edited July 19, 2013 by stu007

[Catty83]

It was a faulty tv. They are saying that their insurance company employed the contractors so basically blaming everyone but themselves! I would like to name and shame but I am also aware that this thread can be googled so I'd rather not.

[stu007]

OK

 

The Housing Associations went through there Insurance Company - That Insurance Company operates on behalf of the Housing Association.

 

The Insurance Company employed the Contractors -

1. Not without the express permission of the Housing Association.

2. The Insurance Company is operating on behalf of the Housing Association

[Catty83]

Thank you this is all being noted as although I am an easing going and accepting person I will not let this go. I personally feel that I should not have been or continue to pay rent on a property that does not conform with health and safety regulations.

[stu007]

Also this inside housing link has different links within on the issues of smoke alarms: http://www.insidehousing.co.uk/SearchResultsEditorial.aspx?qkeyword=smoke+alarms&PageNo=1&area=article&SortOrder=3&qsearch=1&search=smoke+alarms&cmd=AddPm&val=WVYEAR|2013

[stu007]

I am glad to hear you wont let this go as I am disgusted at the way your housing association is passing the buck when ultimately they are fully responsible and should be apologising for giving you that incorrect information and more.

 

I am glad to be of help as have the other caggers advising.

 

Have you had a look at the HA website for any documents that ive mentioned perviously to look for and remember use there own documentation against them.

 

Repairs Policy.

Health and Safety Policy.

Fire Safety Policy.

Customer Service Standards/Charter.

Complaints Policy.

Right to Repair.

 

Also consider asking for:

 

Your Properties pre Inspection Report for Handover from contractor to Housing Association.

Your Properties Pre Inspection Report before you took up Tenancy.

Your Properties Electrical Inspection Report before you took up Tenancy.

 

Hopefully you can see what I am suggesting an why (use there own document against them)

[Catty83]

I will have a look now and gather as many documents as I can. Seriously, all of the help I'm receiving on here is invaluable to me as I feel like a little fish in a small pond. I'm trying to work out how big an issue this will be to them and how much trouble they could get into. As it goes, I feel they are hoping I will accept they're feeble excuses and pipe down. I would love to know just how far I can take this.