Sueing the counci...

[confused87]

Hello all and thanks for reading,just a quick question...

Basically im a tennant of newham council and the windows and cladding on my property are basically hanging out and a danger to us inside the property and people walking past.Anyway iv had a technical officer look at the property and he agrees with me took photos and said everything needs changing (they said the same thing 10 years ago) anyway I rang the technical officer today asking for a start date for the works to be carried out...hes reply was iv let the appropiate people no and shown them the pictures but they wont give me a date when they will start actually resolving the problems...iv threatened to sue them over health and safety to mainly get things moving quicker..However it hasnt seen to bother.them so any advice on how I can go about getting the results I need on my property before someone has a window fall out on them...

[bednobs]

if they are that precarious, wait till no-one is walking past (or someone you don't like - a council official perhaps?) and give the window a push.
is there any temporary fix you can do yourself?

[charlieuniform3]

If you have money to sue the council can you not fix them yourself?

Don't you have to keep the house in good condition yourself?

[Eve]

SHelter might be able to help with some further advice:

http://england.shelte...irs_in_social_housing

[Hymie]

Besides taking bednobs advice, I would make sure you had copies of all letters advising the council of the dangerous state of the windows. Once one has fallen out, contact the HSE and advise that the council failing to rectify such a dangerous state of your windows (following a near miss - fatal accident).

[confused87]

Thanks for all constructive feedback..if you read it properly I said it was a threat to try getting things moving faster not something I wish to actually do.And I pay my rent etc so its there job to make sure my property is in a safe enviroment,the property was in this condition when I was given it,iv kept records of everything so if it comes to it I suppose I will take legal action if someone does get hurt. Surely with this kinda thing they should see as a emergency this could actually hurt someone.

[factor-fiction]

I don't see any point in trying to sue them at this stage.
Keep copies of your letters then you should be covered in the event of any accident unless it was due to a failure on your part to maintain things properly in accordance with the tenancy agreemment.
You could write and say that you will have to contact the Environmental Health Officer if the matter hasn't been resolved by, say, 31st October 2011.

[Hymie]

Err….I wonder who employs the Environmental Health Officer?

[emmie]

have you checked with the council's own legal department. On what the requirements are for taking a case out against them. I sympathise totally, and if you are a social housing tenant, the responsibility lies with them not you.
As they are the ones that maintain these properties, or are supposed to.
I would call up the council legal eagles and tell them you are considering sueing the council because your property is a danger to you and people outside. Also try CAB for advice as they may be able to put you in the picture as to what is possible?

[factor-fiction]

Yes Hymie, but the EHO can't ignore it just because it's council property. H&S applies to the council too

[Hymie]

factor30 appears to be of the belief that one council department, will take another council department to task, on your behalf.

This belief is misplaced – no council department will do any such thing.

[bednobs]

i'm not really sure what you would sue them for. Im not a law person, but as you haven't suffered any loss i can't see what you would sue them for.

[confused87]

Thank you to all who replied with helpful comments,i don't really wanna go down the sueing route and would be a last resort,its just so frustating paying my bills every week like we all do then when it is there turn to do there bit they don't wanna no and just pass you around there different phone line's (i literallly wat put on hold for 30 mins and spoke to 9 different departments) all because i want some poxy window's fixed.

P.S Bednobs well health and safety i assume,there's a school opposite my property and last year i was cleaning the window and opened it and the glass just fell out to the floor (my house is 3 floors!!) so imagine if a little kiddy is going to school/walking home and a window falls out or the wooden rotted cladding falls down on a windy day and hits someone,surely they should act asap and by not doing so they are in dangering the people living here and passers by...

[AlBags]

The best and quickest result is to write a letter and tell them you are speaking to newspaper.
That usually gets a result soonest .. as they hate publicity like that.

[confused87]

Thats not a bad idea AB perfect example of how i been treated in this matter ..

I finally got through the right people at the council and i stated the number of problems needed fixing in my property that they are suppose to do.. they said we only deal with a maximum of 3 problems by phone so you will have to email us all of them (there was 7) i said why don't you just write down the problems i tell you and get someone to come and view the property...anyway emailed them and waited 10 days for a response..after no reply i rang them again and there answer was we seem to have lost your email...GRRR!!

[bednobs]

when i say i don't know what you'd sue them for i mean you couldn't sue them for money, as you haven't lost any money that you need to be compensated for. I'm not sure that a private individual can sue for breach of health and safety law as this is a criminal prosecution i think