Help for my sister please...council housing issue

[smileyfaces]

My sister moved into a council house two months ago with her two children. Before she moved in the council did a damp course as there were signs of damp downstairs in the living room.

She moved in and spent a fortune on new carpets and wallpaper, paint etc etc etc. She put damp proof paint down just as a precaution near the skirting boards and stuff to stop any left over damp getting in.

Anyway, fastforward, last week she noticed that there was some damp on the wall near the floor and near her fireplace so she called the council who said they would come out to have a look. In preperation for them coming out she has moved the couch away from the wall to find that her brand new carpet is saturated in black damp and the damp/mould has completely taken over her couch. She lifted up the cushions on the couch and the mould has literally spread from the bottom of the couch all the way up through the sofa to the cushions.

The council came the other day and basically said that they aren't doing anything in terms of reimbursement for her carpet and sofa because she should have had contents insurance (which she hasnt got). Does this sound right to you??? She can not use her living room at all till it is all sorted and she has to fork out for another brand new carpet and a new sofa because of the damp problem? She doesn't have much money and Im really concerned about this. Any help and knowledge on the subject would be appreciated xx sorry for any typos

 

[Rainbow82]

I think to be honest that the council are probably right in that it should be contents insurance paying out and she should have had some. That said however my FIL had the same problem and after god knows how many letters and phonecalls the council did pay out. He is a master complainer though lol. So would be worth phoning them/ sending s few complaint letters, especially as it's only just been treated for damp.

 

[smokey]

yeah I think youll find they are only responsible for structural damage and the other stuff would come under content insurance.
My grandparents had a problem where the old pipework in their council place burst and the council dealt with the pipes and walls but the carpet was their own responsibility.
Not sure if councils have the same policy as housing associates but there is a clause in our contract that states carpets and furnishings are down to us to to replace, maintane and provide.
We spent a fortune on carpets when we moved into this place.

 

[smileyfaces]

Yeah I understand that they are her responsibility because they are her things but the point Im making is that a PRE-EXISTING problem has caused the damage. She has lived there for less than 2 months and her things are ruined. A big box of the kids toys are also ruined which I find really really sad.

Im just so upset and pissed off for her. She hasn't got the money to replace these things and her and the kids (19 months and 3yr old) are now having to live upstairs (apart from use of the kitchen). I just cant believe they wont take any responibility for this. Their damp course was obviously useless OR there is a bigger problem that needs fixing which Im pretty sure my sister shouldnt have to be out of pocket for. I think its disgusting tbh.

 

[smokey]

All she can do is keep on at them that its because of their fault and hope she gets somewhere.
Even with home insurance though she may of had a problem claiming because a lot have clauses about not protecting against previous known problems and that may come under that so she may be able to word that in her favour with the council.

 

[Rainbow82]

Agree with smokey she will just have to keep sending them complaints and phoning etc, it did work for my FIL after all. Unfirtunately it didn't work for me but that was a private landlord so different. Does she still have receipts etc for the carpets? It may help if she can put in a letter everything she wants them to pay for with photos showing how they are ruined and either proof of purchase or proof of how much they are retailing for now.

Also as smokey said it's worth telling them that as it's an ongoing problem that is the councils problem it's possible contents insurance may not pay out. Maybe she could look at terms and conditions for some companies contents insurance online fir anything in it about this and include it in letter to council. According to FIL persistence is key.

 

[smileyfaces]

Thanks for that advice Smokey, will pass on the info x

 

[Midnight_Fairy]

If that was my house I certainly wouldn't be letting them get away with that. Not many people can afford contents insurance and its cause of the house being damp not a freak accident x

 

[Pearls18]

I think the council should repair any structural damage caused but everyone should have contents insurance to cover contents, I even have to be insured for the first £20,000 of structural damage in our MOD property. If she looks in her tenancy agreement it should say there. I know contents insurance isn't always cheap but that will always be the gamble you take. Sorry this has happened it must be heart breaking.

 

[NickNac]

There is a possibility that the damage would fall under their public liability insurance. I used to deal with housing association claims and I had to deal with the contents that was damaged due to a house fire.

I'm hazy on the details (damn mat leave & baby brain!) but I think that it was because it was an electrical fire and avoidable, so it was the housing authority's fault.

You might want to try citizens advice, who will have a better idea of their liability than I do.

 

[smileyfaces]

Thankyou Nicknacthat is really helpful!