Council will not replace kitchen

[djo2904]

Hello wonder if anyone can help,

 

been having problems with Ascham Homes acting on behalf of waltham forest borough council,

 

recently a lady in our flats had a new kitchen and bathroom fitted her kitchen had a few broken doors.

 

In comparison our kitchen is in an awful state it's been damaged by leaks from upper levels,

and a contractor broke a unit,

I estimate in total 40% of the kitchen has to be replaced including 3 worktops and 3 base units,

we are arguing it would be better just to renew everything,

 

the council say NO they will part renew even though it will be in different colours,

my argument is that it is not cost effective if they may have to replace everything in 4-5 years

and they cannot guarantee they will have a matching kitchen in 5 years like the mismatch they are prepared to fit in the next few days

 

can I ask if in item 5.5 disproportionate expense or disruption.

 

means as long as a large chunk of the kitchen is not replaced?

 

Thanks in advance

 

5.5 To be decent, a dwelling should be free of category 1 hazards, and the existence of such hazards should be a trigger for remedial action unless practical steps cannot be taken without disproportionate expense or disruption. Landlords should consider the circumstances very carefully in the interests of the occupiers of the dwelling before concluding that a hazard cannot be dealt with effectively, and in such cases should ensure that the occupiers are fully aware of the position. Criterion b: It is in a reasonable state of repair

 

Findings

 

I understand that during her visit, J????? answered many of your queries with regard to your kitchen and has subsequently spoke to you on the phone and has sent e-mail correspondence which is attached. J?????? advised you that there is a five- year life remaining before your kitchen can be assessed for refurbishment and it is not beyond economic repair.

 

As previously stated it would be inappropriate to discuss any specific issues relating to another tenant and their property.

 

You had also a subsequent enquiry regarding the requirement for properties to be free of Category 1 HHSRS category failures. I understand that you are frustrated that you are currently not eligible for a kitchen but it is currently not a category 1 failure under HHSRS and there is not a requirement to replace an element if there an HHRSR category 1 failure, if it can be rectified in another way. The repairs which are being carried out to your kitchen will address any issues which you are currently experiencing.

[stu007]

Hi Djo

 

I feel your thread although Council as its to do with council housing who are a Registered Social Landlord you may get better advice if I move your to the residential and Commercial Lettings section.

 

Its administrative so nothing to worry about I will leave a short redirect for you.

 

1. Have you reported all these issues previously as a repair?

2. Who is Jxxx that visited? (housing officer, clerk of works etc)

3. How did Jxxx end up visiting? have you made an official complaint?

4. Have you taken photographs of all these issues?

5. Have you been given a copy of the council housings complaints procedure?

 

let me do a bit of digging and get back to you.

 

It would be useful if you could give a brief outline from when these issues started to what you have posted to give better advice for you.

Edited November 5, 2013 by stu007

[djo2904]

Hi there Jxxxx is a repairs manager she visited after we complained on numerous other complaints we have a stage 2 complaint going through the borough because of several failings, we were originally told we were on a list for kitchen replacement next year but then we were told we were not, our kitchen was surveyed and looked at by 3 different contractors, we spoke to our neighbour she said her kitchen was fine in comparison to ours and she is willing to put this in writing, they have given us the correct complaints procedure, and it is of my opinion as an ex builder that they are wasting money, Photo’s of the kitchen are at this link thank you, they are due to rip half the kitchen out on friday, so 40% will then be new and 60% 15 years old. We have stated we feel we are being victimised because of our other complaints

 

https://plus.google.com/photos/105220261134765399897/albums/5938402379655666753

 

Hear are some interesting council items I've already found

 

The deliverables in the Delivery Plan for 2012/13 have been broken down into 5 areas:

1. Delivering better services;

2. Engaging our residents;

3. Investing in our homes;

4. Delivering joined up services: Modern ALMO;

5. Making every penny count.

5.15 The disrepair criterion is set in such a way that it helps plan future investment needs. Landlords are more likely to be able to predict component failure after the component has reached a certain age than predicting early failures.

Criterion a: It meets the current statutory minimum standard for housing

5.4 With the implementation of Part 1 of the Housing Act 2004 on 6 April 2006, HHSRS replaces the Housing Fitness Standard as the first criterion of the Decent Homes standard. HHSRS is a risk assessment procedure and does not set a standard.

5.5 To be decent, a dwelling should be free of category 1 hazards, and the existence of such hazards should be a trigger for remedial action unless practical steps cannot be taken without disproportionate expense or disruption. Landlords should consider the circumstances very carefully in the interests of the occupiers of the dwelling before concluding that a hazard cannot be dealt with effectively, and in such cases should ensure that the occupiers are fully aware of the position. Criterion b: It is in a reasonable state of repair

5.6 A dwelling satisfies this criterion unless:

• one or more key building components are old and, because of their condition need replacing or major repair; or,

• two or more other building components are old and, because of their condition need replacing or major repair.

5.7 A building component can only fail to satisfy this criterion by being old and requiring replacing or repair. A component cannot fail this criterion based on age alone.

5.10 If any of these components are old and need replacing, or require immediate major repair, then the dwelling is not in a reasonable state of repair and remedial action is required.

5.11 Other building components are those that have a less immediate impact on the integrity of the dwelling. Their combined effect is therefore considered, with a dwelling not in a reasonable state of repair if two or more are old and need replacing or require immediate major repair.

Old and in poor condition

5.12 A component is defined as ‘old’ if it is older than its standard lifetime. Components are in poor condition if they need major work, either full replacement or major repair. The definitions used for different components are at Annex A.

5.13 One or more key components, or two or more other components, must be both old and in poor condition to render the dwelling non-decent on grounds of disrepair. Components that are old but in good condition or in poor condition but not old would not, in themselves, cause the dwelling to fail the standard.

5.14 A building component which requires replacing before it reaches its expected lifetime has failed early. Under the terms of the definition, this early failure does not render the dwelling non-decent but should be dealt with by the landlord, typically on a responsive basis.

5.15 The disrepair criterion is set in such a way that it helps plan future investment needs. Landlords are more likely to be able to predict component failure after the component has reached a certain age than predicting early failures.

5.16 Where the disrepair is of a component affecting a block of flats the flats that are classed as non-decent are those directly affected by the disrepair.

[stu007]

Hi

 

Some thing I would be requesting from the council in writing: (make sure you are asking for these documents as part of your on-going complaint)

 

1. Reparing Standard.

2. Repairs Policy and Procedure.

3. Customer Care Standard.

4. Copy of your Properties Pre-Inspection report.

5. Life Span policy and Procedure for Kitchens.

6. Procurement Policy and Procedure.

7. Copy of the Repair Managers Inspection Report

8. Full contact details of The Housing Ombudsman.

9. Value for Money Strategy.

 

Ok just found this Value for Money PDF: please bear in mind this is for 2010 and may have been updated but it will give you an idea

Edited November 5, 2013 by stu007

[djo2904]

Thanks stu007 just a quick question, in the paragraph below 5.5 does the underlined part of this statement mean as long as the repair/job doesn't come to too much in comparison with just replacing it completely, when the builder visited he turned up and told us he was there for 1 hour! he said there was no way he could do the job in 1 hour and that 2 men would be needed for 1 day at least

 

5.5 To be decent, a dwelling should be free of category 1 hazards, and the existence of such hazards should be a trigger for remedial action unless practical steps cannot be taken without disproportionate expense or disruption. Landlords should consider the circumstances very carefully in the interests of the occupiers of the dwelling before concluding that a hazard cannot be dealt with effectively, and in such cases should ensure that the occupiers are fully aware of the position. Criterion b: It is in a reasonable state of repair

[citizenB]

If those are photographs of your kitchen, it is disgraceful and they expect you to wait 5 more years!! And pay rent ???

[djo2904]

Yes photos were taken a week ago, we are disgusted thanks

[Mal1]

If you get no joy write or visit your MP take the photos with you and they will act on your behalf by writing to the chief exe of the council, they do not like getting letters from an MP and will act immoderately ton get the MP out of their hair

[Mal1]

One other thing all councils have to upgrade the kitchens in their houses, this is a European mandate and councils have to do it by law, you should also get new tiles (non-slip) for the floor

[djo2904]

I can now update the situation, originally as a kitchen fitter I thought the job could never be done adequately because the dimension of units, the problem happened from day 1, when they sent the contractor round for an allocated 2 hours, this was quickly changed to 1 day, however 6 months later they have replaced the kitchen a total of 4 times and spent 15 working days!! and still we only have a partial kitchen re-fit, add insult to injury they are now accusing ME! of making things a lot worse after they had left, obviously they are attacking my character and I know I never touched anything and they will have no evidence of this Waltham Forest have said they cannot comment on the standard of the fitting and the consequent numerous call backs but still maintain the decision not to replace the kitchen fully was correct.

 

Not only do I totally disagree with all the recordings I have I can totally prove this. What is very sad is Ascham homes are paying to train me so I can sit on the newly organised 'Scrutiny panel' a panel made up of residents to help assist them in running the company better I feel the latest reply to the stage 2 complaint a kick in the teeth and I'm very upset with the accusations.

 

I have been told this needs to passed onto a designated person MP before it goes to the ombudsman I emailed a local counselor only to find out this lady was on the board of Ascham Homes, I asked her if this would influence anything she said no, but should I ask another MP not on the Board? I'm also strongly thinking of not only taking this further because of the condition of the kitche but also the attack on my name. Can anyone help please, thank you in advance.

[stu007]

Hi djo2904

 

Thank you for the update and sorry you didn't get the reply you were after from them.

 

Now this is the link to Ascham Homes Complaints: http://www.aschamhomes.org.uk/contact_us/complaints.aspx

 

As this is Stage 2 and you have had there final response your next course of action if you still disagree with there decision is to according to there website is to now Complain

Formally to the Local Government Ombudsman but what they have failed to mention on that site and the information given to you is as this is a Housing complaint you can also complain to the Housing Ombudsman Service.

 

Housing Ombudsman Service link: http://www.housing-ombudsman.org.uk/resolve-a-complaint/tenant-contacts-a-designated-person/#.UvJ-LqNFDZ4

 

So if you wish to take this forward I would suggest complaining to the LGO and also the Housing Ombudsman Service.

 

The Local Councillor that you emailed and found out is also on Ascham Homes Board should not be dealing with this and should have passed it to another colleague to deal with as they have a Conflict of Interest and should realise this so I would request that someone else deals with this.