Rights at Housing Association: Get Help!


Questioner

I have a question about my home. Two years ago I bought a home from a housing association in Amersfoort, it is a renovated former rental home. A central heating boiler has been installed in this house, a casing has been placed at the bottom of this boiler, a wooden frame, my boiler is due for maintenance but according to the central heating engineer he cannot do his job because the casing cannot be moved in any way. I have contacted the housing association regarding my problem, I see it as their responsibility to solve this problem or at least offer a solution, I have received 1 email back so far, but I hear nothing at all now, and no response to other emails I send. They are very difficult to reach by phone. What are my rights in this situation? and how can I best approach this?

Lawyer

It is now your home. There must be a hidden defect in the purchased item, but because another is visible, I have my doubts about that. The installation and the conversion must comply with the rules, but you could have suggested that before the purchase.

Lawyer

The purchase agreement probably states that you received the house with all visible and invisible defects. If such a provision is included in your purchase agreement, this means that you cannot rely on visible defects in the purchased property against the selling party, which in my opinion is certainly the case in this instance. I am therefore of the opinion that the selling party is no longer liable for the defect found in this instance.

Questioner

I had certainly thought of that, but this is not a defect or deficiency but a construction error of a construction intended to obscure the view of the visible part of a central heating system. I am certainly of the opinion that I, the purchasing party, should have noticed this, but it is not visible from the outside... in fact, it could pose a danger if a serious defect occurs within the central heating system and there is no access for an engineer? It seems to me that there are rules attached to the closing of various installations, which could possibly cause danger, and an organization such as a housing association should be aware of the standards that apply to this? as Mrs Ferweda notes there are rules attached to this, it is of course very easy to say that I should have determined this but I am not a CV installation specialist.. right?

Lawyer

A construction error, as you state, can also be considered a defect. Your legal position is unfortunately as I have presented it to you.

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