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I. Failure to Repair
On Tuesday, 21st April 1998 I granted immediate access for a ********* Surveyor to inspect the premises for a building leak
into the flat below. He determined that it came from the flat's balcony, but no steps were taken to effect immediate protection
from the elements (rain) or to effect an immediate repair. One was scheduled for two weeks later on Tuesday, 5th May 1998,
but this conflicted with a long-standing hospital appointment and had to be rescheduled for two weeks later on 19th May 1998
when the repair company failed to show up. I had my first ********** Eye Hospital visit scheduled for that Friday, 22nd May
1998, which took some three hours that afternoon. I was also dealing with the diplopia (double vision) as well as the pending
biopsy surgery scheduled for 2nd June 1998.
Knowing I had surgery scheduled for the late afternoon of Tuesday, 2nd
June 1998, but not wanting to let this information out in a high crime and dangerous area (entirely justified by the attempted
burglary on the following morning of 3rd June 1998), I asked for an early morning repair appointment for Thursday, 4th June
1998, in order to cooperate but protect myself with regards to the recent surgery. This was not acceptable, so I cancelled
the appointment until such time as the wounds could properly heal.
I pointed out that this was an outside building
repair and that access to the balcony was always available by ladder at any time. Such outside access was immediately undertaken
the next morning on Friday, 5th June 1998, but all 84 tiles on the balcony floor were removed and left there instead of a
complete repair being accomplished. Representations had been made to me both verbally and in writing that only a few tiles
at the far end needed to be lifted and replaced to effect a repair for the leak. Instead, I received a new demand for an inspection
the following week on Tuesday, 9th June 1998. I could not attend this because of a conflict on that date and had only just
received this notification after 1730 on Monday afternoon, 8th June 1998, the day before the inspection.
The events
of the preceding week were so traumatic that I did not sleep for several days and the surgical wounds were exacerbated to
the extent that there was red blood surrounding each by Sunday morning on the fifth day after the surgery. Not only did I
experience the burglary attempt on Wednesday, 3rd June 1998, the morning after the surgery, but I was threatened with legal
action for access to the balcony through the flat when access from the outside was available. This was totally devastating
and caused not only great distress and mental anguish, but I could not sleep for several days during that week and the wounds
simply did not heal properly which was noted on a follow-up visit to ******** *********** Hospital on 11th August 1998. This
says nothing about the fact that I was waiting for two biopsy reports one of which turned out to be positive: malignant.
Although I noted that balcony access was available from outside by ladder anytime, no inspection was carried out
that week. Again, in the afternoon of Friday, 12th June 1996, I received another letter notification (dated two days earlier)
from the tenant management noting that the inspection would occur that following Monday, 15th June 1998, as I had suggested
although I had repeatedly stressed the ability to gain access anytime by ladder to get the job done. When this was not done
as indicated by this letter and no repairs were in sight, I obtained material (two plastic cloths, rope and clothes pins)
to protect the balcony as I did not know what these people were going to do, and there was a leak into the flat below. I spent
my own money out of limited financial resources and was never reimbursed despite repeated requests. I had suggested in writing
twice at the end of April 1998 that material be given to me for this protective covering the work of which I would do. The
first request was refused in writing; the second ignored.
Thus, I set to work that Friday afternoon, 12th June 1998,
and evening for several hours running back and forth to a hardware supplier and putting up the plastic cloth protection across
the balcony. I did not need this kind of strain as the surgery stitches had just been removed the preceding day, and the wounds
did not look very good. Also, no steps had been taken yet to correct the diplopia, and this double vision was affecting my
ability to do these kinds of things.
The very next morning, Saturday, 13th June 1998, the June rains really started
and never stopped until the end of the month making it the second wettest month this century at that time with some five inches
of rain. This was also the day when I received the positive biopsy results. It was a day I spent monitoring the heavy rains
and protection that had been set up on the balcony. Not only did I act to preserve and protect the property and the health
of the tenant below, I learned the precise nature of the leak by so doing which I diagramed and communicated to the Council
and ********** Chief Executives immediately on Sunday, 14th June 1998, so that repairs could be effected promptly.
But,
the ********* inspecting Surveyor never showed up on that Monday, 15th June 1998, either. It was World Cup time. It was fortunate
that I put up the protection as the rains continued. The next scheduled inspection was set up for Wednesday, 24th June 1998.
The ********** Surveyor (the original one) showed up for this inspection, and I gave him my written description of the problem
with the diagram attached that I had sent to the Chief Executives of the Council and ********** on 14th June. It was agreed
that outside balcony access would be used for this repair. I communicated this information to the ********** Chief Executive
so that there would be no misunderstanding. Nothing was done for the next three months, and I became the object of extensive
tenant harassment assisted as a result from the management's withholding repair.
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