Problems with council doing repairs on their building. Where do i stand? What can i do next?

Question

I live in Scotland and in a flat owned by myself but within a block which the council still owns and factors(maintains). I pay the council a monthly charge to maintain and arrange repairs to my building. I phoned up a week ago after we had high winds which caused the roughcast to crack under my bedroom window. Subsequently there is water which is pouring through the wall and causing nasty black mould all over my wall in a room which i have just spend over £1k decorating. When i called the council 2 weeks ago i was told id recieve a call to arrange a visit from an inspector. A week later no call so i phoned to be told call wasnt logged. So left name and number to be told it would be 4 - 6 weeks before an inspector could attend. My decor is being ruined and my health is suffering. Anyone have any advice? Where do i stand with paying my factoring fees? Any independant bodies i can speak to? Can i claim on my buildings insurance? I AM BANGING MY HEAD OFF A BRICK WALL SPEAKING TO COUNCIL!!!

Answer 1

Are you on a Part Buy part Rent?

If your not,didn't you get a Bricks and Mortar Insurance,I hope you did because then you could claim from your Home Insurance.

Did you have the Property Surveyed before you bought it?because it doesn't seem right that the Roughcast is coming away,how old is the Property.

I would contact your MP, He or She is probably on Holiday but you can get their Phone number from Directory,give him/her a Ring and see if it can get sorted before it gets worse.
Hope you get it sorted quickly,take Photographs of the Damage too.
In the mean time can you get a large piece of Plastic and cover it over on the inside so that the Spours don't damage your Health.

You must claim from the Council for all the damage it's done to your Decor, why don't you try speaking to the Health Department within the Council too, they are probably on Christmas/New Year Holidays but contact them when they are back to Work as well.
Good Luck.

Alexander..I just re-read your Question and didn't see before that you Do have a Building Insurance, Email them and tell them whats happened and I am sure you will get Help from them,do it Today so that it's on Screen and they will pick it up when they return to Work,hopefully Tomorrow [Wednesday]

Answer 2

The monthly charge for maintenance relates to the building fabric (roof and walls)
Your damage has first of all affected your flat, but could over time effect others below you.
I would ask a local builder to give you a quote and then take it up with your local councillor. The citizens advice bureau could also advise.
Call the council, make an appointment with the person in charge of property maintenance, take photos and show him the damage. Don't leave until you have received from the council an agreed plan of action.
Don't withold your factoring fees.
You can't claim on your buildings insurance for the external repairs, but you should be able to claim for the internal damage, but check your policy.
Inform your insurer. They would be interested in minimising their future loss and would probably take it up with the council.
I would also consider taking advice from the small claims court, which is usually available by contacting the main court.

I am a UK based surveyor. Scottish law may be different

Answer 3

Claim on the buildings insurance that you have taken out. You are a private owner now and the council has no legal responsibilty to maintain your flat. Having said that though, once the insurance company get involved the council usually start doing something because the insurance company may charge them.

Answer 4

You could try your Councillor. Also your MSP.

Also get legal advice from your local Citizens Advice Bureau who will be able to give you FREE advice on the legal position.

Write to the Record, the Sunday Post and your local paper.

Basically kick up a political stink - remember the local elections for councillors and for the Scottish Parliament are in May and they do not like mud being aimed directly and justifiably at them.

Answer 5

speak to cab they advise you good luck