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Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.
I am very sorry to read of the above and I imagine how frustrating it must be. I will certainly try to clarify the position for you.
May I confirm if you have raised a formal complaint to the housing Association previously please? If so, approximately when was this?
thank you. Have you taken the complaint any further than the housing association itself?
Thank you. Finally from what you say, you have escalated the complaint to the Housing ombudsman but they have found against you? If so do you know why they found against you? my initial reaction is that housing association that has failed to carry out a repair for which they are responsible under the terms of your tenancy for a period of some five years is not lawful and I am surprised if this is the case that the ombudsman did not find against them in this respect
thank you. I have heard similar anecdotal information about the ombudsman though such an egregious case such as this is somewhat bigger belief that this is the ombudsman's position.
There are two approaches you can take. The first is to continue to pursue the matter through the ombudsman and request a review of the decision on the grounds that they have not applied the law. section 11 landlord and tenant act 1985 requires the housing association to keep in repair the sanitary fittings in the property and maintain the structure of the property which includes preventing leaks. Failure to do so even for a relatively short period let alone a period of this nature amounts to a breach of statutory law in this respect and accordingly, it appears on the face of what you say that the decision the basement has reached is plainly wrong. A request to the ombudsman in this respect must usually be made within four weeks of the date of their decision.
The alternative, is to consider approaching the matter through the courts. The disadvantage of this approach is that there are court fees to pay and that you may also be exposed to legal costs of the Housing ombudsman. You could seek to apply for an injunction requiring the housing ombudsman to comply with the above legislation and repair the leak. There is a fee of ££332 to make an application for an injunction though if you are on benefits, you can apply for a fee remission in this respect:
I'm glad the above is of some assistance but if you have any further questions, please revert to me.
Yes. An injunction can be served on housing associations just as anyone else. I'm sorry if I did not make the above clear but in terms of the injunction, this would be as against the housing association not be housing ombudsman. There is no basis as you say for serving an injunction on the housing ombudsman in the circumstances
Legal costs for issuing an injunction is £332 but the court has discretion as regards ***** ***** costs in the event you are unsuccessful though it is not entirely clear how you would reasonably be unsuccessful in the circumstances based upon what you say above. you could look at sourcing a no win no fee housing law solicitor potentially in this matter
No win no fee solicitors operate typically under a legal costs insurance policy which covers the risks of legal costs to the claimant.
If your claim is one that is accepted by a no win no fee solicitor, this will generally be a useful approach as it removes much of the work and risk to you. If a solicitor is not satisfied as regards ***** ***** of your claim, then they may refuse the instruction in which case you would be faced with making the application yourself.
I hope the above is of some assistance but if you have any further questions, please revert to me.
I'm glad the above answers all your questions for now. If you have any follow up questions please reply back to me.
consider that most insurance products of this nature are for dealing with defence. Most do not cover actually making claims. Unfortunately, I am limited in the service I can provide through the service to legal information rather than representation
I did not mean to suggest that it is not possible to obtain such insurance but rather the initial link you supplied was in relation to legal cover for home insurance and it was in respect of this insurance that my above comments were directed. specialist policies are available as you say
I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.
Thank you again for visiting JustAnswer and see you again in the future I hope.