help needed with 3rd stage complaint
Posted in: Discussion | Policy forum
27/10/2009 8:42 pm
hi im in london need some help here with panel meeting soon, no date fixed as yet.
my complaint is about the disrepair of my home,
lived here 30 years.
was taken over by new assn 2.5 years ago said io cannot complain about what happened b4?
why not the saga has gone on for years,
when i complained in January 2009 again to this asssn nothing done till August as i complained again i needed to be RID OF MICE and HAVE A KITCHEN WITH TILES ON THE WALL AND COUNTER WITHOUT MICE RUNNING AROUND.
goes on and on .
any body could advice what they do at this meeting
and what im suppose to do.
thanks
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02/11/2009 7:39 pm
For our HA, the unofficial guidelines for tenants trying to get repairs done are:
Call the local council Environmental Health officer in to assess your flat. They have the power to force the landlord to do repairs that the EH officer lists, and to do them fast. This is for health & safety hazards such as extensive damp, unsafe things, rodents, etc.
Also use a solicitor (or nearest law centre or CAB). Solicitor/law centre letters make our landlord jumpy, faster action ensues. They could check the terms of the hand over from one HA to another?
Put everything in writing. Keep all emails. Take notes immediately of all phone calls. Take photos of the state of the disrepair.
Our landlord likes to pretend the problem was first reported 'only' six months ago, not the actual several years ago that is not uncommon. Keeping records proves them wrong.
Whatever compensation they offer when you finally get that far - are you sure it is enough to compensate for the stress, time taken, etc.
Good luck
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03/11/2009 11:32 am
Gillian again do what they saying calling in the Environmental Health Officer and ask for a copy of the Policy and Procedure pertaining to Stage 3 complaint might be like my Housing Assocation a bad housing association and I reported them to the Tenant Service Authority due to them not adhere to the Stage Three Complaint and will not on the face of it interview my witness's and seem only interested in the other side i.e. Officer of the Association again please leave you details and we will contact you or vice versa.
Again the Law Centre pertaining to Housing Issues or try Shelter can help you to not only they for the Homeless and report them to the TSA at the W1 office and go on the website to find the phone number now have area manager who will look into the issue but cannot get involved but if enought Resident complaint then the TSA will have to do a short notices inspection.
I know from my only experience you need all the help and advise you can get .
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03/11/2009 11:46 am
Gillian do you have a local TRA perhaps the Chair can help you and have the experience has a one Resident to another Resident to guide and help
But make sure he/she is not out for themselves i.e. got own Agenda because some Resident's that our nodding dog's to the Chief Executive, Director's and Officer's because some Resident's like rubbing shoulders with the Officer's and no really interested in Resident's issues and have a Agenda of they own. Watch out. I not saying all the same but in my Housing Assocation whom I with now plenty of them. In my previous Housing Association all Resident sitting in these group one hundred per cent behind the Resident.
Ask around you Fellow Resident
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03/11/2009 2:16 pm
You should be allowed to take someone with you to the Stage 3 complaint meeting - with our HA you cannot take a lawyer but can take someone for support.
Several of our residents found the environmental health officer invaluable, as s/he was also able to give advice as to what to ask for at the Stage 3 meeting, what not to let them get away with.
If works are needed that require you to move out for a few days or more, to bed and breakfast in a hotel or whatever, make sure they pay for the cost of meals eaten out as well.
Get a written agreement about any works, especially if they include creating dust, plaster dust, etc. This to include what work is to be done, how your possessions etc are to be protected (plastic sheeting AND new dust sheets), doors to other rooms sealed with tape, floor coverings, and post-works professional cleaning. Payment for any damage caused. Make sure there is a project manager responsible for ensuring all that is done, and if possible either make random checks yourself or have a trusted neighbour do this.
This all comes from the experiences of neighbours, after the Stage 3 complaint process resulted in the problem being taken seriously and actually dealt with.
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03/11/2009 4:02 pm
Again that right you are entitled to get your belonging's i.e. Person property in store if major works. Thinks about what said about takening someone with you if anyone been present when discussing the issues affecting you that take along has witness's - have you had a interview this the Chief Executive has he/she been to you house- please people are asking for you phone number we can put you right. Not all that use's this website our Officer's of a Housing Association.
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03/11/2009 6:15 pm
Is mice a landlord problem?
I would think that pest infestation is part of Environmental Health at the council and not the landord, even if you are a council tenant as they are separate departments.
Being blunt as well the mice problem needs to be sorted before tiles on walls or counter tops. Mice will happily run along tiled counter tops or melamine ones.
Further the lack of tiles on walls or countertops - is this the cause of pest infestation or not? I doubt the lack of tiles is a direct cause of mice being in the property.
Rather i would think that mice are getting into the property in some other way (i cant see mice crawling through tileless walls at countertop height.)
Finally, env health officers should be able to advise on where the mice are entering the property and if that is because of a need for structural or landlord repairs then that is the case you have against the landlord.
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03/11/2009 6:29 pm
For our HA at least, mice are definitely a landlord responsibility. If the landlord does not deal with them, you call environmental health. They deal with ensuring there are no health hazards. They will be able to list what needs to be done to keep the mice out.
We had mice eating through a front door in a basement flat, and it was definitely the landlord who had to sort it out. They also have responsibility for rats, including in communal areas and courtyards.
The kitchen may not be up to Decent Homes standard, though this standard is full of loopholes. The government seemed to expect HAs to be full of goodwill and willing to exceed the minimal standards. Many are happy to do it well, some have had difficulty raising the money, even though they are selling loads of properties to finance it.
Other pests, for eg bed bugs, are not a landlord responsibility (unless they are there before you move in). The local authority has a service for bed bugs etc that you pay for.
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03/11/2009 7:22 pm
If the landlord is directly cuplable in why the mice are there, for example not cleaning communal areas or something similar I agree they can be responsible.
While proving this direct causal link is problemmatic I do agree it should be a landlord responsibility.
Yet what if it is caused in part by tenants or RTB leaseholders who in total or in part are not disposing of rubbish or something similar?
Im simply outlining the difficulty in proving culpability and therefore responsibility for vermin (and presuming this is not in any tenancy agreement)
If for example the front door has been eaten through by vermin then of course i see the landords duty in replacing or repairing that door and even reinforcing that with some form of metal plate. But I dont see the landlord being responsible for vermin as this is the preserve of env health at the council and maybe chargeable or not depending on the council and what vermin.
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04/11/2009 0:54 am
It varies from one HA to another. Ours takes responsibility for rats and mice in the communal areas, and inside flats. I would definitely expect any landlord to be responsible for ensuring that the flats are reasonably rodent-proof - no gaps around pipes etc.
One good reason for having the landlord responsible is that if they are in one flat, they will get into all of them and the communal areas. If residents are putting down their own poison etc, it is hazardous.
On our estate there is a brand new conversion - it was handed over to a tenant with water leaking in, the central heating piping ending in mid-air so no circuit, no heating, and with mice in residence. There were no mice before the conversion work was done. A couple of months later part of the floor and ceiling in one room collapsed, due to a long-standing leak from two floors above. Floor joists had rotted I think.
I know that a lot of social housing landlords do take responsibility for rodent infestations, because a number of the larger pest control companies have the contracts - for inside flats or in communal areas. The only rats our local authority deals with are the ones in the streets, nesting under the trees, etc.
If the condition of the property is the reason rodents get in easily, it is up to the landlord to sort it out. It is a health hazard.
Also, a lot of RSL residents are living on benefits or other very low incomes, and cannot afford the local council 'affordable' contract pest control, let alone any other pest control company costs. So if one low income family cannot afford to deal with rodents, they will spread.
They carry a lot of diseases - if close to rivers, Weil's disease too.
It just makes sense to have the RSL deal with rodents.
The local council is not responsible for rodents in private properties - only in streets. What happens in council housing I don't know.
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Expert post
05/11/2009 4:43 pm
It sounds as if your current problem began before your current landlord took over. But as you are complaining about a current problem, I would focus on that rather than on what your previous landlord didn't do.
If you haven't had it already, ask for a copy of your landlord's complaints procedure. Follow through the stages. If you are beyond the first stage then you can usually take a friend with you to the complaint hearing. That is usually worth doing - particularly if they are knowledgeable about maintenance problems. It can also help if they are on your Residents Forum (or whatever body you have that represents tenants to the landlord)
Make a note of each meeting (date, time who was there, what was agreed). If nothing happens or the problem isn't resolved then take your complainty to the next stage.
Once you have exhausted your landlord's complaints procedure you can refer the matter to the Housing Ombudsman Service. Their telephone number is 020 7421 3800.
None of this is 'quick fix' but you need to persist.
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