Eden housing association not doing repairs advice needed?

[Teddybear154]

I wonder if any one can help me. I hope Im posting this in right section. I live in a brand new build house. I rent from local housing association. I have lived here for 2 years right since they finished being built.

 

When we moved in we found the drains very dangerous. The seals that the drain lids sit on are not secured or even sunk in to ground. 2 drains one right in front of my front door and another in my back garden stick right up and can be easily tripped over. The lids to the drains can easily be moved, just by kicking gently or running across they slide across. A child could easily move drain lid and fall. I have 4 young children

 

I complained when we moved in and have been complaining since. They keep promising to come and sort it out but never do. It has been 2 years and the drains are still the same. My neighbours have complained as well.

 

Recently my neighbours daughter fell Down one of the drains and got quite bad injuries. My neighbour took photos and sent to housing association but they are still not doing any thing. Yesterday one of my children nearly fell down drain out side house.

 

We can't let are children play out any more for the fear that they might fall down a drain or trip on them and hurt them selfs.

 

Complaining to our local housing association has got us no where. What would are next step.be. What can we do to get them to listen. We have thought about contacting our local council would they be able to help. If so what department would we need to contact. Would it be environmental health.

 

Any advice would be very much appreciated

 

Thanks in advance

[honeybee13]

Hello and welcome to CAG.

 

I'd say you're posting in the right forum. Hopefully the guys in the know will be along later.

 

My best, HB

[Keyzer Soze]

There are 3 routes and you can use as many as you like.

1. Follow the formal complaints procedure of your landlord and progress to ombudsman.

2. Complain to Environmental Health.

3. Engage a solicitor and sue for disrepair and the injury to your child.

This should sort it.

[stu007]

Hi Teddybear154

 

Shocking attitude of that housing association right when you say over the years you have complained about the drains has this been by phone calls only or have you put it in writing also who did you complain to was it just the housing officers?

 

Which housing association is it so I can do a bit of research to assist you.

 

The one thing I will say is this is a Health & Safety issue to start off with the first thing to do is phone your housing association and report this to the repairs team/section and report both drain as a health & Safety risk.

(Now make sure you get the individuals name, are told the priority for repair i.e. Emergency, Urgent, Routine)

[Teddybear154]

I wonder if any one can give me some advice. Back in September I was eating a meal with my children down stairs. We were all sat around dining table.

 

We heard a bang up stairs, my daughter went up stairs to see what it was next thing I hear my daughter is screaming. I go up stairs to find her bedroom window smashed.

 

It was not my children as they were all down stairs with me at time. I have no idea what happened. I have asked neighbours but none saw any thing.

 

Any way I reported it to housing assocuation straight away as window was still making cracking sounds and did not want window to shatter every where and my children to get hurt.

 

They sent some out who removed glass rather messyly carying broken window through house putting glass every where.

 

They put a scrappy piece of wood in that has slots and holes in it and foot prints all over in and left.

 

It has been over a month and window still has not been fixed. I phoned them a week ago and they said it takes a minimum of 20 day for a new glass window to be made is this true. I had already been waiting over 20 days when phoned. I was told it should be fixed with in a week.

 

But have heard nothing and still window has not been repaired. My daughters room is freezing with just the scrappy piece of wood. It's so cold at night she can't sleep in there and rain is leaking in. She has been sleeping on sofa down stairs for about a month.

 

The rest of upstairs is cold to even with heating on.

 

I need window fixed but they are not doing it. They just keep say with in a week.

 

My youngest son shares room with my daughter, he has been sleeping in my bed. he is very poorly and has got to have major skull head surgery in a few weeks. I need a warm dry home to bring him home to after. Or there could be a high risk of infection. I have tried to explain this to them but they would not listen and did not care.

 

Where do I go from here to get window fixed.

 

Any advice much appreciated

 

Thanks in advance.

[mariner51]

Was it a metal/wood frame or a d/g uPVC unit?

Poss a stress fracture. Are you in a block of flats or a semi or detached property?

[ericsbrother]

in some double and triple galzing units if the air gap is the wrong size or the glass not toughened you get thermal stress and one pane of glass goes.

If they have to replace a sealed unit then 20 days is not unexpected, if it is an older house with single glazing then half a day would be a reasonable time scale.

You will need to raise an official complaint and make sure that your circumstances are properly explained. The additional heating costs should also be mentioned. Write to the next person up the chain to who has been dealing with things so far and copy to the chief exec/chair of trustees so they can pass it down and blame someone else if the matter still isnt sorted in a decent time

[Teddybear154]

Hi thanks for your replys, windows and frames look like upvc on out side but on inside have slight wood grain effect if that makes sence. They are double glazed windows.

 

I live in a semi detached house, it is a fairly new house was built 6 1/2 years ago have been living here since house was finished being built.

 

I don't know if this helps. Also both side of glass shattered first inside then The out side started shattering.

[ericsbrother]

That is unusual for thermal stress, it sounds as though the frame has suffered from straining by one method or another. Any sign of slight twisting? ie gaps around frame/ cracks in plaster around frames, things like that?

How big is the gap between the panes of glass? What do the glass shards look like? long bits or smashed up into smaller pieces like a car window when it is shattered. DG units that are toughened wont break into tiny bits but will still have a distinctive pattern to the breaks

[Teddybear154]

Hi,

 

I don't think there are any cracks or gaps in or around frame but will have another look when get home. When it shattered it was like when a car window shatters tiny bits it stayed in tact until he removed glass. But you could here it popping and cracking.

 

 

The gap between the panes of glass it quiet big. At least 1 1/2 cms

[stu007]

Hi Teddybear154

 

This sounds just typical of a HA lets not update the tenant on the repair progress and you are having to do the chasing.

 

Now word of caution as the HA may or may not try to bill you for the window so you need to be aware of this.

 

You should not be chasing this repair the HA should be keeping you updated so I would now use the HA Complaints procedure and

 

Make a written Formal Complaint pointing out that the contractor employed by them to initially fix the window left glass particles

thoughtout your property to the front door and as you have children this was a Health & Safety risk that you were left to clean up.

You would also like to know why you have not been kept updated on this repair and due to this require copies of the following documents:

 

1. Complaints Policy (not the Complaints Leaflet)

2. Customer Care/Standards Policy.

3. Repairs and Maintenance Policy.

4. Right to Repair Policy.

 

 

(Now the reason you want the Policies as these are what they will use against Tenants/Service Users so you need to read for yourself whether they have actually followed there own Policies, if not you mark/highlight)

 

Also with the above check the HA Website to see if they are their and available to download.

Edited October 31, 2017 by stu007

[mariner51]

uPVC d/g window.

[ericsbrother]

OK,

the d/g unit was of toughened glass ( good) and it didnt suffer from thermal stress as the air gap is large enough to prevent such things.

This then means that it has undergone some external straining to make it break which is why I said look for cracks in the surrounding areas.

 

Generally UPVC frames absorb an awful lot

so this is unusual but that doesnt mean it has been damaged by an external force (ie people throwing stones etc)

 

so as Stu says be prepared for an argument over what they say has happened and who is responsible.

 

Sometimes toughened glass can go due to a tiny scratch.

When the shattered glass stays in place you can often work out what has gone wrong but when all the tiny pieces fall out it can be imposiible to point directly at a fault.

 

Ultimately they are responsible unless they can prove negligence of some for on your part but they will try and reverse the burden of proof as it saves them money

[Teddybear154]

Hi every one

 

Thanks for your replies

 

I thought I would give you a update.

 

Window still has not been fixed.

 

I phoned housing association today to find out what's happening.

 

To be told glass was never ordered.

 

They say they will order glass today but it will be at least another 20 days until they have glass.

 

And they are so busy that they recon they won't be able to fix before Christmas.

 

They really don't care and won't listen.

 

I feel so Angry.

House is so cold.

Rain is leaking in around wood.

 

My youngest son goes in to hospital for surgery next Monday.

He has long term health problems. .

I can't bring him home to a cold house after surgery.

It's costing me a fortune in heating to try and keep house warm.

 

I have asked for their complaints procedure today and they are putting a copy in post to me.

 

Where do I go from here.

[stu007]

Hi Teddybear154

 

Please do as I mentioned in post#7.

 

I can appreciate your frustration with not only the length of time this repair is taking but they compunded the matter by the HA maladministration in failing to order the glass which you only found out when chasing the HA for an update on this repair.

 

You should not be chasing the HA for an update on this repair they should be keeping you updated and they also should have informed you if this comes under the Right to Repair (so you need to request a copy of the Right to Repair Policy and whether that repair is a Qualifying repair under there Right to Repair.

 

Due to the HA Maladministration the glass was not ordered until you chased them for an update to be informed of this again this should not have happened. (yes replacement glass due to numerous different sizes etc may take time to arrive to be installed but the HA failed even order it until chased prolonging this repair)

 

Do Not be afraid to challenge the HA if they say to you it's xyz policy or procedure just think how do you know if what they are saying is correct you don't without seeing copies of those xyz policies and procedures that they may refer to so you can see if they have actually followed there own policies and procedures always challenge and ask for copies of them.

[Teddybear154]

Hi stu007 thanks for your reply.

 

I'm sorry if it sounds like I'm not following your advice.

 

I have asked for the full complaints policy and the others you stated

the person I spoke to said they did not know what the other policy's were.

 

In case it helps its Eden housing association.

I have found their complaints policy and repairs and maintenance policy on website.

But cant find the other 2.

But it all seems so confusing and not sure what im looking for in it.

 

In the repairs and maintenance policy it has a tiny piece on right to repair

but just says for Minor repairs I'm not sure a window would be classed as a minor repair.

 

Can you Help me at all to understand the policy's and give me a idea as to what I'm looking for.

I'm going to write a letter of complaint in the morning.

 

The only reason I phoned is because I have a lot going on with my son going in to hospital on Monday and trying to pack.

And just wanted to find out what was going on I did not have time to start sending letters but will make time to type and send a letter in morning.

 

Thanks again for your advice

[stu007]

What you do when you get the policies is sit down with a highlighter or some maker and think to yourself from reporting the repair to theirs action to date and as you read the policy think to yourself "DID THEY DO THAT", if they didn't highlight/ mark it and when done you have a list of what they did not follow as per there own policy/procedure.

 

You then use there own policy/procedure against them by pointing out the policy and area of it they have failed to follow and ask them to clarify there actions. (always in writing to keep a good paper trail)

 

Can't wait to see the reply if they think the policies I mentioned you to ask for they may not have.

 

Couple of links for you to look at:

 

The Secure Tenants of Local Housing Authorities (Right to Repair) Regulations 1994: http://www.legislation.gov.uk/uksi/1994/133/made

 

Disrepair - using the right to repair scheme: https://www.citizensadvice.org.uk/housing/repairs-in-rented-housing/disrepair-what-are-your-options-if-you-are-a-social-housing-tenant/disrepair-using-the-right-to-repair-scheme/

[ericsbrother]

generally what is inside the property is your responsibility so broken sink etc you deal with The fabric of the building is their responsibility but if you were responsible for the disrepair (like kicking a hole in the front door) then they bill you for it. toughened glass for DG units does take time to obtain but what they quote is ridiculous and the schedule for works likewise.

 

A local glaziers would probably fit it within a day after the glass arived, suggest this to the HA and if they say no then press them as to why not. I would surmise it has more to do with who has got the contract to do the work and from my experience in the past that is not always based upon the best tender price. ( court case with local council when I lived in social housing and also my brother was head of a large district council housing direct labour org for a short while but left because of the corruption and interference by his political masters when he didnt give contracts to their friends at the lodge).

Edited November 23, 2017 by honeybee13
Paras