Council improvements

[Lynnzer]

I'm doing this for a neighbour.
The council (Durham CC) is undertaking a huge amount of revitalisation work to its housing stock in this area: my neighbour being one of the affected tenants.
The work carried out includes new rewiring throughout which doesn't use the existing trunking but has the wires running down the corners of the walls under new plastic trunking, new central heating, new kitchen, new bathroom, flooring etc.
All in all they were in his house for over a fortnight, sawing, ripping out cupboards, laying pipework around the house for the new radiators that were replacing the warm-air system already installed.
They have had to live out of boxes piled in the dining room for all this time and have suffered massive inconvenience.
In fact the last time I saw revites this comprehensive it involved the tenants being moved out until the work was completed.
To say they've had a nightmare is a bit like saying it sometimes snows a bit in the Antarctic.
I know the council has the right to carry out such work and they aren't complaining about that even though some of the work carried out has left them with an inferior result.
What's more problematic is that the work has meant that almost every room in the house is in need of full redecoration.
No room has been left in the same condition as it was prior to the work in respect of the wallpaper, painting etc. Also carpets that had to be taken up are now poorly fitting since replacement.
So, to offset this, and the council must know the work has to be done, they've all been given vouchers worth £150 to use in a designated place for purchase of paint, wallpaper etc.
The problem is that "the place" is the Dulux shop with wallpaper costing from around £23 a roll and paint at top prices.
Apart from that £150 which doesn't even cover the cost of the materials needed doesn't extend to paying a painter and decorator to do the work. My neighbour is in well in his 70's now and certainly unable to do the work himself.
I would like to know the legal aspect on this one. Is the council under an obligation to full restitution of the property as far as bringing it back up to a decorated standard by having a tenant bring in a workman to do the job and by paying reasonable costs for the materials used.

[enaid]

Re: Council improvements

I think you will find they are within their rights, we were given a decorating voucher on moving in the property 4 yrs ago.
Since then we have not had a full weeks peace apart from xmas period as they have done central heating, kitchen and bathroom all at different times. We are still now living on a building site as they replace doors windows and repair all brick work replace balconies etc.
We had to fight for decorating allowance after the major heating work as that affected every room. Some got vouchers and some had the amount taken from their rent account.
I think it very unreasonable you have only one choice to use your voucher I think we had a few options.
As your neighbour is elderly I would look into a 'Helping Hands' service in your area they are there to help with things like this and charge little or nothing depending on circumstances.
I may be wrong as to the legalities of what the council are doing but I am sure if they couldn't get away with it they would have been stopped by now.
Enaid x

[Lynnzer]

Re: Council improvements

I think you will find they are within their rights, we were given a decorating voucher on moving in the property 4 yrs ago.
Since then we have not had a full weeks peace apart from xmas period as they have done central heating, kitchen and bathroom all at different times. We are still now living on a building site as they replace doors windows and repair all brick work replace balconies etc.
We had to fight for decorating allowance after the major heating work as that affected every room. Some got vouchers and some had the amount taken from their rent account.
I think it very unreasonable you have only one choice to use your voucher I think we had a few options.
As your neighbour is elderly I would look into a 'Helping Hands' service in your area they are there to help with things like this and charge little or nothing depending on circumstances.
I may be wrong as to the legalities of what the council are doing but I am sure if they couldn't get away with it they would have been stopped by now.
Enaid x

You may well be right Enaid but often it takes someone to make a stand on the issue. Maybe no-one has done so yet. Maybe you ought to do so yourself.
I'll keep my eye on other responses and see if anyone else can throw a different light on this.
I wonder too, if my neighbour was to get a painter and decorator to make out a quote for the necessary work and then to stick it to the council as a claim. If they didn't pay up then perhaps taking it to the small claims court. Would that do the trick. Anyone?

[enaid]

Re: Council improvements

Have you looked on your councils website ?

I have only looked at this one and this is what they offer pensioners or disabled. yours maybe similar.

Slough Borough Council: Decorating your home

[Lynnzer]

Re: Council improvements

Have you looked on your councils website ?

I have only looked at this one and this is what they offer pensioners or disabled. yours maybe similar.

Slough Borough Council: Decorating your home

It doesn't cover compulsory work carried out by the council and their responsibility in making good afterwards though.
It does however put the boot on the other foot in that the council will charge the tenant for making good following unauthorised alterations.
Should really work both ways wouldn't you think?

[Lynnzer]

Re: Council improvements

I've been digging around on the legal aspects and have come up a potential Human Rights Act implication.
Article 1 of the First Protocol should do it.
A lack of appropriate compensation would be likely to be considered disproportionate.

I can't see that £150 is anywhere near appropriate and just to slap the same compensation level onto ever affected tenant is likely to be inappropriate too as some people have more expensive interior decorations than others.

To give an indication of the "appropriateness" of the amount and the stipulated supplier of the materials, Dulux charged them £12.50 for a tin of undercoat that they could buy in the local Wilkinson's for less than half that price.

I would think a class action could be the way forward.
I've written to Liberty on this and asked them their take on it.

[Lynnzer]

Re: Council improvements

I've been digging around on the legal aspects and have come up a potential Human Rights Act implication.
Article 1 of the First Protocol should do it.
A lack of appropriate compensation would be likely to be considered disproportionate.

I can't see that £150 is anywhere near appropriate and just to slap the same compensation level onto ever affected tenant is likely to be inappropriate too as some people have more expensive interior decorations than others.

To give an indication of the "appropriateness" of the amount and the stipulated supplier of the materials, Dulux charged them £12.50 for a tin of undercoat that they could buy in the local Wilkinson's for less than half that price.

I would think a class action could be the way forward.
I've written to Liberty on this and asked them their take on it.

This is going out on behalf of my neighbour on Monday:
Sir,
I refer to the improvement alterations and revitalisation carried out at my property by yourselves which have recently concluded.

While I accept that you have rights to carry out such work in the public interest and in accordance with your rights as a landlord, the work has been extremely disruptive and has caused personal cost to myself for which I believe the council is responsible.

I have been given a voucher for the sum of £170 to spend directly with the Dulux shop in compensation for the cost of making good the repairs to the decoration and associated work needed to bring the house back to a condition that is equal to the condition it was in prior to your contractors carrying out the remedial work.

I make known my objection to this on the following basis.
Firstly, the requirement to actually spend this voucher at a designated shop is restrictive. The materials obtainable from the Dulux shop are top price. I can obtain similar materials at a far better cost in other outlets and obviously this would ensure that the sum allocated could stretch further in my making good the decorations. As a specified shop is the sole benefactor of the vouchers, it leads me to wonder if there is any benefit to a member of the council in the way of a personal incentive, which of course would be questionable if not actually illegal. In any case I feel that the council has derived a benefit to itself in the way of a discount for the cost of the vouchers from Dulux with little regard to the costs or poor value for money that a tenant will be forced to bear in spending the voucher amount.

Secondly, the amount awarded in compensation is derisory and bears no resemblance to the actual costs to bring the property back the state of decoration it was in prior to the revitalisation work.

My own age and state of health is such that personal work to carry out the decorative work is beyond my means. Apart from the fact that I am physically unable to carry out such work for health reasons, I am certainly not qualified to do it anyway. I have no skills in paper hanging, or painting. I believe that I need a professional painter and decorator to carry out this work on my behalf. The cost of such work is well in excess of the derisory amount of compensation given, which wouldn't even cover the cost of essential materials.

Under Article 1 of the First Protocol of the Human Rights Act I believe I have the right of “appropriate compensation”. If compensation is deemed to be insufficient or inappropriate I am certain you will be liable to remedy this matter by further compensation to cover the shortfall. Naturally, the definition of appropriateness would need to consider all aspects such as the reasonable costs to bring the decoration back to a satisfactory state of repair, the ability of myself to carry out the work required or the reasonable costs to employ a qualified person to carry out the work as well as the reasonable cost of materials required.

It may also address the reasonableness of forcing a compensatory award to be spent at a single high price outlet.

In respect of my claim for further compensation I attach quotations from a qualified painter and decorator to carry out the necessary work.
If you feel you need to have the property inspected to confirm and agree the amount of work required I am happy to agree to that.

Failure to reach a satisfactory agreement may well lead to a small claims County Court action where I will press for adequate and appropriate compensation in accordance with my rights under Article 1 of the First Protocol of the Human Rights Act.
I look forward to a positive and swift response from yourself.
Yours sincerely

[enaid]

Re: Council improvements

Worth a shot, good luck xx

[Lynnzer]

Re: Council improvements

Worth a shot, good luck xx

It might be worthwhile you trying this with your council Enaid. Nothing ventured and all that........

[charitynjw]

Re: Council improvements

Food for thought - LGO seems to be the way forward

http://www.uk-housing.co.uk/LU/ARCHIVE/08/04/1193/


http://www.adviceguide.org.uk/index/...g_an_ombudsman

[rimce44]

Re: Council improvements

I have only looked at this one and this is what they offer pensioners or disabled. yours maybe similar.


Slough Borough Council: Decorating your home
Painters and Decorators in Croydon
Painters and Decorators London

[Lynnzer]

Re: Council improvements

I have only looked at this one and this is what they offer pensioners or disabled. yours maybe similar.


Slough Borough Council: Decorating your home

I've found similar stuff on other council websites however it doesn't address this particular problem where it's the council doing the work as the landlord.

Although they all seem keen on telling the tenant that they will be responsible for keeping the house in good order and to obtain permission for certain improvements, none of them seem to tell the tenant what their rights are when they are subjected to improvement disruption by the council.

I did actually find something from, I think Pembrokeshire council, that tenants are entitled to an award of compensation for the time of the improvements including a daily amount over the period of the work.

Nevertheless, as I said at the start of this topic, I'm doing this for my neighbour, but he really seems reluctant to even give it a go.
You can push some people to the bank but you can't make them write out a cheque.........

I've given a copy of the letter to a couple more likely tenants who will most probably give it a go. Will post back with any news as it happens.