I recently had a flood in my home, which I rent from a Housing association, they botched the job in the first place so once it rained it poured in my front room above my bay window damaging my TV it hisses now its dried out, and my curtains were stained, carpet, I tried cleaning the carpet but the smell was horrendous so I have had to replace it, the housing association said I should claim from household insurance, I don't have any, and why should I have to claim from household insurance and my premiums go up when it was there building at fault? Any suggestions what to do??
2006-10-17 10:48:48 · 10 answers · asked by luckybug 3 in Politics & Government ➔ Law & Ethics
I have been trying to get insurance but been declined as the premises is classed as a Builders merchants, the man who previously owned it was the builder.
2006-10-17 10:58:16 · update #1
You may find some general guidance at this site: http://www.adviceguide.org.uk/n6m/index/family_parent/housing/common_problems_with_tenancies.htm
If my landlord told me what your housing association said, my reply would be that they should seek reimbursement from THEIR insurer, or from the insurer of their negligent contractors.
2006-10-17 10:54:21 · answer #1 · answered by Anonymous · 3⤊ 0⤋
Hi Bigboobs,
I assume that you are in England or Wales.
Well, If you do not have household contents insurance you can't claim on it so that's out.
It appears as though a repair was attempted on your bay window roof and was not successful.
Unless otherwise specified in your tenancy ageement, the association are liable for repairs to the building.
They employed someone to do it and the work was either incomplete or not completed correctly.
It then rained and your personal property was damaged as a result of the leaking roof.
I will assume this was the course of events.
It is the association's responsibility here because they should have sent someone around to ensure the work was completed properly, they were therefore negligent.
It seems that the case is straight forward enough.
I cannot see an issue here in what is called "privity of contract".
You must list all damage and take photographs, then find out how much it will cost to replace all the damaged goods that belong to you. Your carpets, tv. curtains, anything else that was damaged by the rain. The cost is what it costs to replace new.
The association is liable for this as the contractor was acting as an "agent" of the association so it would be up to them to recoup any losses from the contractor/builder.
See a solicitor or Citizens Advice Bureau as soon as possible.
Good luck.
2006-10-17 11:20:45 · answer #2 · answered by LYN W 5 · 0⤊ 0⤋
The housing association are obliged by law to have insurance to cover their public liabilities just go for the jugular take out Court action against them its not very expensive you will probably win it might not even go to court sometimes the threat is enough but the housing association should have a public liability insurance that you can claim against think just to get a court action if in UK is about £70/80 and if you win they have to pay costs to you
2006-10-19 08:44:26 · answer #3 · answered by bobonumpty 6 · 0⤊ 0⤋
What has it cost you to replace the damaged furniture and carpets??? - obtain estimates or photo-copy receipts fro money already expended. Next write to Housing Association informing them that you require them to re-imburse you the cost you have or are about to expend on replacing your damaged property through their negligence. Send letter 'Recorded Delivery' - give them 7 days to respond. In letter tell them if no response or inadequate response by end of 7 days - you will issue proceedings in Small Claims Court (Small Claims Court limit = £5000.00 - if your damage above this - then it will be Full County Court) - If your damage is below £2,500.00 - then even if Housing Association hire Solicitor to defend and you lose - you do OT pay their legal fees. You can issue proceedings yourself - do not, necessarily need a Solicitor to represent you - merely go to your nearest County Court and ask for the appropriate plaint application forms - will need THREE copies - two are returned to court - you keep third. Copy EVERYTHING!!!!
Good luck!!!
Need more specific help??? - email me: - geoff.chaplin@btinternet.com
2006-10-17 20:12:13 · answer #4 · answered by ? 5 · 1⤊ 0⤋
first youll need proof the job was botched by the workmen first time arround and that you will find hard , secondley to make a claim it will need to be a cival claim against the housing owners through the small claims court . this you may have to pay for your self as the law society no longer pay for this under the legal system, so all round your fighting a lost cause, in the long run you could loose any way and still have a huge legal bill to pay. but seek a free first tiem assment form a reputable claims lawyer he will be in a position to say if its worth persuing a claim .
2006-10-17 11:26:10 · answer #5 · answered by a1ways_de1_lorri_2004 4 · 0⤊ 0⤋
Unfortunately, the housing association is only obligated to insure their properties for the building - not its contents. Any fixtures or fittings are covered under buildings insurance but nothing that you would remove should you move house.
I can see where you are coming from in that their shoddy workmanship has resulted in the flood damage to your contents, but I would doubt that they have any obligation under law to issue you with any compensation. In their eyes, you should have insured your contents and they are not responsible.
Try putting your complaint in writing to them and following their complaints procedures to the letter. If you are persistant enough, you might get lucky and they might cave in but if my experiences of Housing associations are anything to go by, they will just try and put the onus back on you and your lack of adequate insurance cover. It would be worthwhile mentioning to them in your letter of complaint (should you decide to go down that avenue) that you have been unable to aquire insurance due to the builder's merchants problem and try and put the blame back on their toes!
Good luck and keep fighting!
2006-10-17 11:17:00 · answer #6 · answered by Witchywoo 4 · 0⤊ 0⤋
I dont know but my water tank leaked and damaged my house badly and I am having to have new ceilings and the walls redecorated but I have insurance and though there was £10,000 of damage I only had to pay £75 so why not be insured.? Ok if I have my insurance go up at least they helped me out and I would not have been able to afford it on my own.
2006-10-17 10:53:18 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Your Housing Association should be chasing the builder for compensation. Builders have to have this Public Liability Insurance by law.This means that they are liable and they should pay.
2006-10-17 11:02:18 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Go see a solicitor, you usually get the 1st half hour free.
2006-10-17 19:46:58 · answer #9 · answered by Martin14th 4 · 0⤊ 0⤋
unless you get an answer from a solicitor I would go to the CAB. (Citizens advice centre)
2006-10-17 10:51:30 · answer #10 · answered by tiz 3 · 2⤊ 0⤋