Council tenant being threatened with court over garden

[gyzmo]

A friend of mine has been told by the council (well, its a housing association) to get his garden sorted or he will be taken to court and possibly evicted.

 

The garden is a bit of a mess - hedges are overgrown and so is grass. However, he has had an injury at work and was struggling to get it done before the deadline (problem as well is that is has been near constantly raining, making it rather difficult to do the garden).

 

He knows it needs doing and that it should have been done, but it seems the council are being a bit uncooperative with him. He got most of it done but his trimmer packed in and he's trying to get it sorted.

 

In the meantime, is the council able to actually take him to court? If so is he liable to be evicted over a garden? Looking at all the other problems in the area, I'd have thought an overgrown hedge would be the least of the council's concerns!

[mrsc]

Well that seems a bit harsh,how on earth do they expect someone to do the garden in this weather???

Could he not write to them and explain about the injury,and ask for more time?

[Joa]

If your friend is a housing association tenant, he may have been issued with a tenancy agreement (TA). In your friend's TA there should be a clause with regards to upkeep of the garden. If there is one and it has not been fulfilled by your friend, the landlord (housing assoc.) may get frustrated but this would usually not be a ground for eviction. The condition of the garden would have to be truly awful. I wonder therefore if there are any other issues that we are not aware of.

If there is however a distinct threat of legal action, your friend needs to speak to specialist adviser or seek advice from Shelter http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/118005-great-links-housing-associated.html#post1196695

[MrShed]

I agree with Joa. However, I would advise that he now looks to get the garden sorted as a matter of highest priority - it is clear that the HA mean business - even if they cannot evict right now due to it, it might mean that they will evict when they can(the end of the fixed term for example), so either way it is vital he sorts it ASAP. And as stated above, the condition of the garden must be awful for it to have gotten to this stage...

[gyzmo]

Well in my own opinion its not really that bad, but I have been shown the letter which was sent to him which says something about an unkempt garden making the whole area look bad. I've promised this person that i would try and come round if the HA makes another call. He knows that the gardens untidy and he is trying to sort it out. I think the HA is also having a go about litter in the hedges - which is entirely down to people passing by using his garden as a rubbish tip (its a couple of cans of lager, the odd bag of crisp and the likes). Think I'll be suggesting that the HA get its priorities right.

 

If they complained about the state of my garden (a bit tatty but otherwise OK) they'd get an earful on noisy neighbours, a house 2 doors down with a garden full of dumped furniture, the guy opposite with a security light shining through my window, next door having constant arguments (as well as the drugs use that goes on), vibrations in house every time a bus goes past..... ooh I could go on!

 

He does have an agreement which states that the garden must be kept tidy. He knows it should not have got into the state it is in, but its pretty damned difficulty to do in winter! Also there seems to have been some intimation about criminal proceedings - surely to god this is a civil matter?

[Conniff]

Get in touch with the charitable organisations. They can arrange for volunteers to come and do it for you, also there are the people who the courts award 'community service' to, they do a lot of this sort of work.

 

I am not sure where you will find the communtiy services supervisors, but you could ring the courts and ask them where these people are farmed out to after they are sentenced.

[gyzmo]

Hmmm - didn't think of that. Not too sure if he wants a bunch of crims in his garden though! Do they only do it for certain people - the elderly or disabled for example, or can anyone ask?