HA refusing to replace shed destroyed by tree falling on it during storm Arwen. Who's responsible for paying for new shed?

[stu007]

Hi

 

What you need to understand importantly as the tree that came down onto the Housing Association roof and your shed was on that Primary Schools land that Primary School is responsible for all the Damage and Removal Cost of that Tree.

 

You need to write to that Primary School asking them for a copy of their Public Liability Insurance and for the Urgent Removal of there Tree and briefly explain the damage caused do not go into to much detail.

 

Take photographs of all the damage including each item.

 

As for your Roof the Housing Association will get this repaired as they need to by Law as your Property requires to be Wind & Water Tight. What they will them do is pass this onto their own Public Liability Insurer who will go after the Primary School to get there cost back.

 

Your contents within that shed you will have to claim for these from the Primary Schools Insurance Company that is why you need to write to them.

 

As for the Housing Association Claim that Shed is not there responsibility this really comes down to what it states in your Tenancy Agreement as to who is responsible for that Shed.

 

I would still challenge their claim and always title your letters from now Formal Complaint

Dear Sir/Madam

 

Formal Complaint

 

Thank you for your response dated XX/XX/2021 in which you Claim you are NOT responsible for the Damage to the Shed which has been destroyed and your Properties Roof Damaged due to a tree falling onto your Properties Land from the Primary Schools Land (insert schools name here) on XX/XX/2021.

 

At the time I moved into this property the were New Builds and all Properties on my Estate all have the exact same Shed therefore these Shed are part of the Property and the Housing Association responsibility. As you claim they are Not your responsibility I therefore require full clarification from yourselves where it specifically states this and to be provided with copies. As these were New Build at the time you will have the
Plans for these properties as you would have needed planning permission I would like to be provided with a copy of these also.

 

As this Tree has Fallen onto your Land and Property from the Primary School I find it unacceptable that you seem to be passing the responsibility for the removal of that tree onto me the Tenant when in fact this is your responsibility to take the relevant action necessary to have this tree which is a Health & Safety Hazard Removed and I require full clarification from yourselves why you are failing to take action for the removal of this tree.

 

I also require copies of the following:

 

Complaint Policy (not the leaflet)
Compensation Policy (not the leaflet)
Repairs & Maintenance Policy (not the leaflet)
Right to Repair Policy (not the leaflet)
Health & Safety Policy (not the leaflet)
Public Liability Insurance 

 

Amend the above as you wish

 

 

[stu007]

Hi

 

No harm in naming the School so we can do a bit of research for you.

 

 

[stu007]

Hi

 

Well that Shed is in your Tenancy Agreement as your Agreement states 'Outbuildings' therefore that Shed is an Outbuilding.

 

I have to agree them saying they 'Gifted' it to you but they cannot provide any evidence is complete rubbish so you write to then and demand that they provide written proof where you signed for this shed as 'GIFTED' and that you also require a copy of they plans and Planning Permission for when the Estate was built which you the Housing Association will have copies of.

 

Note: you can lookup your Local Councils Planning Portal and do a search for your estate to see if the Plans are their and download a copy they should be free to download but each Council is different so check their is not a cost just in case.

 

Your HA are playing games to get out of paying for the shed which all that would happen is they would claim this through there Insurance.

 

Anything they state in writing you challenge them and ask them to provide written evidence/proof of their claim to backup what they are saying.

 

I could be a trainee with that HA and put that in a letter in the hope that you will go away in the belief that the HA are Right in what they are saying this is what they do hoping you do not know your actual rights.