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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25470
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Our 36 year old daughter has severe schizophrenia and lives

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Our 36 year old daughter has severe schizophrenia and lives in a sheltered flat owned by a company called Guinness Housing in Lancaster.She has had a burst pipe under her kitchen sink with a soaked and now smelly carpet.The company refuse to accept responsibility at all.Her contents insurer,NFU mutual,advise they only cover her personal possessions and not structure .Her water was shut off yesterday and the owner refuses to send a plumber till June10th leaving her with no water till then!Can you help us?Should the local Public Health be involved? The company claim to be overseen by the Care Quality Commission,should we complain to them.We live in SW Wales but my wife will drive up tomorrow to arrange urgent plumbing repairs so at least the flat will have water
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I clarify that she rents the flat please? Is the company you refer to a registered housing association please?
Finally does she have sufficient funds to pay for a plumber temporarily if necessary?
Customer: replied 2 years ago.
Yes she rents the flat and has funds to pay for
A plumber temporarily.
The Guinness Partnership Ltd is registered with the Homes and Communities Agency.
Their registered office is:*****High Wycombe,Bucks,HP11 2NZ
Expert:  Joshua replied 2 years ago.
Many thanks for the above. On the basis she rents the property the landlord is responsible for the plumbing installation by virtue of s11 Landlord and Tenant Act unless it was damged by your daughter which I assume is not the case. Even if it were they are still responsible to repair it but in that case cold look to your daughter for recompense. However as above I assume this is not relevant.As she has already reported the issue - ideally this would have been in writing but if not she may wish to consider following up the initial verbal report in writing by email for example - she may consider contacting the maintennce department one further time reminind them of their obligation to maintain sanitary installations including pipes under the above legislation and that clearly she cannot put up with the present position for any longer given have already had reasonable time to fix the issue and accordingly she has no choice but to now contact plumbers herself to fix the problem and look to the landlord for the cost. She may advise that she will obtain two quotes and use the cheaper of the two and would propose to instruct a plumber to carry out the work by the end of the week and if the landlord wishes to avail themselves of the opporunity to repair the pipe themselves they have until close of play on Thursday to do so before she instructs her own plumber.If she is forced to instruct her own plumber, ideally as above, she would attain to quotations and use the cheaper of the two and then following completion of the repair, she can contact the landlord and request that payment is made to her for the cost. If the landlord ignores her or refuses to pay, she may consider raising a formal complaint. If she is unsatisfied with their final response, this is a dispute that can be referred to the Housing Ombudsman.This is a dispute that is eligible for referral to the Housing Ombudsman if she is unable to resolve the dispute directly with the landlord concerned. Because GH Ltd is a registered housing association, it falls under the jurisdiction of the Housing Ombudsman and is bound by their independent determination which is made free of charge. The Housing Ombudsman has powers to hear complaints of this kind and can order the landlord to comply with its decision and award compenastion where it finds in your daughters favour. In order to be eligible, she will need to be able to demonstrate:1) that she has followed the landlords formal complaints procedure first and that she is not satisfied with the outcome 2) That following the outcome of the formal complaints procedure, she has contacted a "designated person" about her complaint. A designated person can either be a local councillor, her MP, or a local tenants panel. The designated person can either try to assist themselves or advise her that they cannot assist and then referred the matter to the Housing Ombudsman. The Housing ombudsman will then deal with your daughter directly. 3) If your daugher does not want to contact a designated person as above, she does not have to but if she choose not to, she has to wait eight weeks between the end of the formal complaints process of the landlord before the housing ombudsman can consider her complaint. She can commence your complaint with the Housing Ombudsman should this be necessary using the following link once she has satisifed the above criteria - there is no charge for their service and they are entirely independent from the landlordhttp://www.housing-ombudsman.org.uk/complaint-form/I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Customer: replied 2 years ago.
Good thankyou
Expert:  Joshua replied 2 years ago.
I'm glad to have been able to be of some assistance. Best wishes
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