Not mine I hasten to add. I'm asking this for a friend of a friend, I think I already know the answer but would like some confirmation.
A few weeks ago my friend's friends got home from spending two weeks at their son's to find the downstairs floor in the house covered in a lot of water, at first they thought it was due to all the recent rain but then discovered the cause was the central heating boiler which had burst and the water from the system had flooded out all over the place. The property belongs to a housing association so the friends contacted them straight away to get things sorted.
Now the problem is this - although the housing association have replaced the complete central heating system they are refusing to compensate the friends for the ruined carpets, furniture and decorations, saying it's not their responsibility. Unfortunately the friends don't have any contents insurance, they are in their sixties and only have a pension so cancelled the insurance a while ago as they couldn't afford it. The heating engineer who fitted the new system said the old one was obsolete and should have been replaced years ago.
The question is, exactly who is responsible for replacing all the ruined stuff? Is it down to the friends to bite the bullet and pay for it themselves, or is it down to the housing association as it's their property and their obsolete central heating system which did the damage? Are they trying to wriggle out of any responsibilties by saying it's not up to them? Going off what the heating engineer said I think it's safe to assume that had the system been an up-to-date one this catastrophe would never have happened.
------------- Tigermouse
I have a very temperamental personality - 50% temper and 50% mental
The boiler may have been obsolete but this does not mean it should have been replaced, as long as the housing association had the boiler serviced yearly then the boiler could have kept going for years.
As for the ruined carpets etc, i think this will be down to the occupiers to sort out. My next door neighbours are in a housing association property and have to show every year that they have contents insurance, the housing association cover the buildings insurance.
We need Phil on this one, but I wonder whether it could (partially) depend on whether the association had regularly maintained and serviced the system - or not?
Gram
------------- What's the difference between a chicken?
I've no doubt that if they read the small print in their Tenancy Agreement it says that they are responsible for insuring the contents of the house, and not the Association.
We have just completed on (and moved in to) a shared ownership new build and are required:
a) to maintain the property and its fixtures [so will have to arrange for boiler etc servicing], and
b) arrange our own contents insurance.
The position re boiler servicing may be different if the property is rented, but I would imagine any tenant would be required to arrange their own contents cover.
------------- Mike
My advice is worth no more than the price paid for it
The boiler may have been obsolete but this does not mean it should have been replaced, as long as the housing association had the boiler serviced yearly then the boiler could have kept going for years.
How do you work that out? If the boiler had burst then it means a part is required as normally things cannot be "bodged". A yearly service helps but it cannot garuantee things will not happen in the future.Obsolete means that spare parts are no longer avaliable.
I do know what I am on about as I am a Gas Safe registered enginner.
Providing the boiler was serviced "every" year and was working ok then it being obsolete has nothing to do with it. (If it wasn't that's another matter because it has to be by law)
I agree with others the occupants should of had contents insurance. I feel for them not being able to afford it but the H/A can't take the blame.
My husband is a gas engineer for a H/A and i honestly couldn't see them paying for anything but a new system in the same situation.
Quote: Originally posted by baggiesfan on 13/8/2012
The boiler may have been obsolete but this does not mean it should have been replaced, as long as the housing association had the boiler serviced yearly then the boiler could have kept going for years.
How do you work that out? If the boiler had burst then it means a part is required as normally things cannot be "bodged". A yearly service helps but it cannot garuantee things will not happen in the future.Obsolete means that spare parts are no longer avaliable.
I do know what I am on about as I am a Gas Safe registered enginner.
But they did replace it as no parts were available so how do you work that out? If it hadn't of shown any signs of a problem before the event how can it be the H/A's fault even if it wasn't obsolete it wouldn't of stopped it flooding.
Quote: Originally posted by baggiesfan on 13/8/2012
The boiler may have been obsolete but this does not mean it should have been replaced, as long as the housing association had the boiler serviced yearly then the boiler could have kept going for years.
How do you work that out? If the boiler had burst then it means a part is required as normally things cannot be "bodged". A yearly service helps but it cannot garuantee things will not happen in the future.Obsolete means that spare parts are no longer avaliable.
I do know what I am on about as I am a Gas Safe registered enginner.
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My old Austin princess car is obsolete and has been for many years but parts are still available for it.Obsolete meaning the item is no longer produced does not mean that parts are not available.
I know it's not quite the same but a few years ago whilst we were away for the weekend the cistern of our toilet upstairs cracked (how it happened nobody knows) and flooded the bathroom and downstairs.....the HA replaced the toilet but that was it. It took weeks to dry out and then we had to replace everything ourselves. The HA thought it was an insurance scam until we told them that actually, the contents weren't insured.....
My daughter lives in a HA house, and they have made it clear to her that they will carry out any repairs to the building and service the gas boiler, HOWEVER she does have to provide CONTENTS COVER for her own contents (that is items that dont belong to the HA) so if she was to move house all the things she would take with her. My daughter has put the carpets down this does come under contents not buildings. You need to look at the tenacy agreement.
------------- 2012
June - Queens Jubilee week -
Blackbull Pickering
June/July - Turkey (no Tent)
Aug - Bank Holiday- Whitefield Forest IOW 10 days
Sept - Skeg
2013 Nothing as yet , trying to get new boyfriend to go camping soon. Selling Maritisa 700 , so we can put it towards a VW Camper.
Quote: Originally posted by rochford6 on 13/8/2012
Quote: Originally posted by baggiesfan on 13/8/2012
The boiler may have been obsolete but this does not mean it should have been replaced, as long as the housing association had the boiler serviced yearly then the boiler could have kept going for years.
How do you work that out? If the boiler had burst then it means a part is required as normally things cannot be "bodged". A yearly service helps but it cannot garuantee things will not happen in the future.Obsolete means that spare parts are no longer avaliable.
I do know what I am on about as I am a Gas Safe registered enginner.
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My old Austin princess car is obsolete and has been for many years but parts are still available for it.Obsolete meaning the item is no longer produced does not mean that parts are not available.
After a boiler is not made any more the maufacturers have to provide all spares for 12 years. After those 12 years it is entirely up to the manufacturers if they want to carry on. So in the case of boilers obsolete does mean when spares are no loger available.
I agree , housing assoc wont cover the cost. Mine didn't when our toilet broke and flooded the tilet and hall. Was down to their shoddy workmanship too, but they didn't care.
My boiler is also obsolete according to the service blokes, who come every year. But as they can use parts from other boilers it keeps getting repaired.
------------- Shelli
Campers do it in the mud!
Hubby says we can't camp as much this yr mmm we'll see!!
camped in 2009= 27nights
Booked for 2010 = 30 nights.
------------- Shelli
Campers do it in the mud!
Hubby says we can't camp as much this yr mmm we'll see!!
camped in 2009= 27nights
Booked for 2010 = 30 nights.