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Author: Subject: Housing Assocciation
gavin174

posted on 3/9/11 at 07:38 PM Reply With Quote
Housing Assocciation

Evening All...

I live in a property that is owned by a housing assocciation,

in jan 2010 we had quite a bad fire at home which meant we were rehoused for 7 months while the repairs were carried out. I have contents insurance as i understood the building insurance was included in rent.....

however I have received a letter to say, as the fire was due to neglect (cigarette) I am liable for the full cost of repairs,
somewhere in the region of £60k!!!!
they advise me to pass this on to my insurance company, as its the weekend and I cant contact them, but as I have contents only surely I am not insured for the building.

anyone got any advice...
cant afford to run to spain either!!

thanks Gavin





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steve m

posted on 3/9/11 at 07:43 PM Reply With Quote
I dont have an answer, but do hope you can resolve this soon!!
steve

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zilspeed

posted on 3/9/11 at 07:45 PM Reply With Quote
Is it completely rented or is it shared ownership ?






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Ben_Copeland

posted on 3/9/11 at 07:46 PM Reply With Quote
Well i would have thought first port of call was ringing and finding out if you have actually got buildings insurance as part of the rent...

Contents is only contents and as you seem aware it wont cover the building repairs.





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gavin174

posted on 3/9/11 at 07:46 PM Reply With Quote
completly housing assocciation,

we pay 100% rent so no housing benefit etc



thanks Steve

[Edited on 3/9/11 by gavin174]





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gavin174

posted on 3/9/11 at 07:49 PM Reply With Quote
I will ring them monday Ben

I was hoping amoungst the massive we may have a housing officer or similar, who could stop me have a completely sleep free weekend!!!





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zilspeed

posted on 3/9/11 at 07:49 PM Reply With Quote
You maybe need to be digging out your agreement at this point.






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Daddylonglegs

posted on 3/9/11 at 07:53 PM Reply With Quote
And most definitely need to talk to Citizen's Advice. They have always been helpful for me and others I know.

Hope you get it sorted mate.

JB





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sky12042

posted on 3/9/11 at 07:54 PM Reply With Quote
Not My line of business, but i would of thought that to protect there property they should have some form of insurance to cover themselves, if not then it should have been made very clear that you needed to insure the property so i would check your agreement. and perhaps i owness should have been on them to check the building is covered.

Andy

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karlak

posted on 3/9/11 at 07:56 PM Reply With Quote
I have just done a Google for "buildings insurance housing association". The hits seems to come back that it totally depends on the company you are with.


Some do include it in the Rent and some don't


EDIT: but it does seem to be a "bolt on" that you have to pay if it is included

[Edited on 3/9/11 by karlak]

[Edited on 3/9/11 by karlak]

[Edited on 3/9/11 by karlak]





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JoelP

posted on 3/9/11 at 07:59 PM Reply With Quote
i cant say for sure but a house i own and rent out, when the insurance expired, they mortgage company found out and billed me for insuring it themselves. If you rent it, i find it HIGHLY unlikely that neither landlord nor mortgage company have it insured. Myself, id tell them to wee off.

And stop smoking, its an expensive habit

[Edited on 3/9/11 by JoelP]





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gavin174

posted on 3/9/11 at 08:00 PM Reply With Quote
thanks all for the quick replies..

I need to speak to the H/Assocciation monday..

cant find the agreement, the original obviously went up in flames and we have not received a new one!!





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Mark Allanson

posted on 3/9/11 at 08:06 PM Reply With Quote
I think they are trying their luck -just tell them you don't have insurance or any money or any assets, and if that fails just say your first name is Mohammed





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karlak

posted on 3/9/11 at 08:06 PM Reply With Quote
I would also give these guys a call. Perhaps before your Housing Association?


http://www.housing-ombudsman.org.uk/


It may well be that you should have insured it yourself for buildings..... However, I would like to see a document that I signed that made me aware of this 'fact'. If you have and it was in the small print, then perhaps the people in the link above can help ?





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handyandy

posted on 3/9/11 at 08:15 PM Reply With Quote
surely the word "neglect" is wrong??? it was an "accident" wasn,t it?

I,m no legal person but would have thought that the difference between the 2 meanings in law is quite helpful in your case .

Hope you get it sorted .

cheers
andy

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Ninehigh

posted on 3/9/11 at 08:22 PM Reply With Quote
Just as a thought, why would it behoove you to have insurance on a building you don't own?






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gavin174

posted on 3/9/11 at 08:28 PM Reply With Quote
it was deffinately an accident..



[Edited on 3/9/11 by gavin174]





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cliftyhanger

posted on 3/9/11 at 08:40 PM Reply With Quote
I suspect it is the insurance company trying to get money. Either that or the HA self-insure.
Get some proper advice. Check the contract carefully, see what your responsibilities are/were. I doubt they can actually do much, unless you have been daft enough to say the fire is your fault. What did the fire report say??

Anyway, proper advice is what you need, expect it to cost too

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handyandy

posted on 3/9/11 at 08:40 PM Reply With Quote
My home is with a housing assoc & I,m not required to have buildings insurance.

Thats my point.....it WAS an accident,

If you had not reported a leaking pipe that suddenly got worse & then caused major damage to the property then that would be neglect of your tennants aggreement.

I,d be hot footing it down to the C.A.B. with a copy of your tennancy aggreement ( maybe borrow one from a neighbour that is with the same housing assoc as you have lost yours in the fire ).

cheers
andy

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designer

posted on 3/9/11 at 08:44 PM Reply With Quote
I suspect that the Housing Association has insurance, but is probably having a problem with the insurance payout due to the 'cause' of the fire.
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lsdweb

posted on 3/9/11 at 08:45 PM Reply With Quote
What does the fire report say - you / the insurers can ask the fire and rescue service for a copy (fee payable).

Regards

Wyn

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handyandy

posted on 3/9/11 at 08:50 PM Reply With Quote
I,ve just realised something....you say the fire happened in Jan 2010, you were rehoused for 7 months for the repairs to be done ,
so that takes you upto august 2010..............why has it taken them 12/13 months ( now sept 2011 ) to send you this letter stating that you must pay the damages ????? I,d be telling them to "sling their hook".

They ( H.A ) are trying to pull a fast one IMO.

As others have said, get some good legal advice , it,ll be worth the cost compaired to the repair bill & sleepless nights.

cheers
andy

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gavin174

posted on 3/9/11 at 08:54 PM Reply With Quote
The letter basically says........

we are the loss adjusters instructed by AVIVA to investigate and deal with an insurance claim submitted by "housing association" for fire damage

from the imformation we hold in our possesion, we understand that the fire was a result of negligently discarded smoking materials.

given the circumstances it is our principle intention to hold you responsible for their outlay"




to me that admits the housing association have buildings insurance... or am i misunderstanding it


[Edited on 3/9/11 by gavin174]





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gavin174

posted on 3/9/11 at 09:02 PM Reply With Quote
I should add we have at no point had any contact from the h/association to say we have to pay for the repairs..

this has come from a chartered loss adjuster. (who has spelt our surname wrong on the letter)





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iank

posted on 3/9/11 at 09:06 PM Reply With Quote
Yes, it sounds like they are insured, but the insurer are refusing to pay out, or have paid out and fancy their chances of suing you for some portion of their loss.

It's irrelevant in that case if you have buildings insurance or not, as your insurer would likely pull the same trick.

C.A.B. on Monday would be my advise.

[Edited on 3/9/11 by iank]

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