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Local Authority - Leak Failure To Repair

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  • Local Authority - Leak Failure To Repair

    Hello,

    I'm hoping I can get some insight on my current situation with my Local Authority

    I've been a Council tenant since 2006 (my agreement is secured) - the property is a house flat; I'm on the ground with a tenant above and below me

    In Oct 2008 on returning from work my living room had sprung a leak from the drop down/ boxed in area of the ceiling - was reported to the repairs team, plumbers & surveyors came out took a look and I was told it was fixed.

    In Oct 2012 again on returning home from work the leak had happened again and again plumbers and surveyors came out

    The Council had said that the cause was the tenants washing machine upstairs not connected properly and the plumber rectified the leak upstairs/ flushed out the pipes

    In a series of letters back & forth mainly with my concern that the same place had leaked twice I enquired as to how they fixed it the 1st time (2008) and how they've gone about fixing it this time round. They were and have been very reluctant to open the drop down ceiling box where the water penetrated. Saying it was not necessary

    At one point they said that the leak was caused by the front canopy roof - that was not the case on my investigation as the front canopy roof covered the bay front window only

    In the end I done a Subject Access Request (Data Protection) and a Freedom Of Information request to see what info is held in regards to all repairs on the flat

    My paperwork received showed that their internal systems contradicted what I was in fact told about the repair of the leak. There was no actual evidence or a logging of a repair job to stipulate that the leak source was found and remedied. I actually found a job logged saying 'source of leak unknown'

    I believe that 1. The Council is stalling on fully carrying out the repairs to the property (due to possibly cost and inconvenience)

    2. That the 2008 issue was in fact never remedied and instead left open to abuse as so it leaked again 2013. They had not even patched up the ceiling from the 2008 leak

    They have continued in letters to refuse and acknowledge any wrong doing instead repeating that I was told 'X,Y & Z' by the Housing Repair team

    I mistakenly wrote a 'letter before court action' documenting everything from 2008 till this year (when they finally repaired the ceiling Feb 2013) showing all evidence collated that what they have presented to me is in fact false

    Having re-read the Councils Complaints Guide I am within my right to ask the Chief Exec to investigate - thing is do I initiate Stage 3? As the Council have always kept my letters at Stage 2 and where its carried over from Oct 2012 to now. They still insist in calling the letters 'Stage 2 - Follow On'. As if to prevent me from taking it further

    An idea of mine was to Subject Access Request or/ and F.O.I the external contractors used - KIERS, as they submit the work back to the Council on inspection and the Council gives it the OK or not. I am convinced that there is a job that the Council refused Kiers to undertake

    My help needed there is to what is the best question to ask so that I fully cover myself as there is a £10 charge I want to ensure that I get it right

    I have a catalogue of evidence/ information collected - photo's 2008 & 2012, video taken of the water cleanup (2013), video footage taken when it leaked again and a list of missed appointments which cost me wages

    All help is much appreciated

    Robin
    Tags: None

  • #2
    Re: Local Authority - Leak Failure To Repair

    Hi robinbells, & welcome to Legal Beagles.

    A SAR under the DPA is for obtaining personal information pertaining to the Data Subject (ie, you).

    Unless the data identifies you as a living person, there will be no onus on the part of the contractor to supply any info.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Local Authority - Leak Failure To Repair

      Hi charitynjw,

      thank you for the welcome

      Thats a very good point indeed re; the DPA

      I can't see another way that the contractors would be forthcoming with the info needed

      Comment


      • #4
        Re: Local Authority - Leak Failure To Repair

        You could just ask!

        Head a letter 'Pre-action Protocol', & mention the Overriding Objective.

        Alternatively, have you tried Alternative Dispute Resolution (Info available at your local court).
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: Local Authority - Leak Failure To Repair

          Yes, worth a try at least. Thanks!

          - Alternative Dispute Resolution; will research

          Comment

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