Housing Association; can I take legal action, over rent, neighbour harassment and repairs??

[london NW]

I have been having rental disputes with my landlord, neighbour harassment along with outstanding repairs. I am living in fear of my life.

 

The latest incident being that whilst I was away from my flat a woman from 2 doors away broke in trashed and burgled it. The police had arrested her but couldn't interview her because she had damaged her hand when smashing the window and the medical doctor at Paddington Green asked for it to be put off until this week.

 

I have been trying to get a move for the past 10 years but because Octavia housing and Care say I have rent arrears but are not prepared to help me in any way. I have all bank statements to prove that I do not owe this money and in fact that they owe me but nobody will listen.

 

I have a file here going back to 1998 with all my letters. I have been in contact with the Income Support Office, (sent then 52 pages in a fax with all evidence, still waiting for a reply from 4 months ago!, solicitors under legal aid and also medical letters to suggest a move would be beneficial to my health but am still no nearer getting out of here.

 

I am claiming DLA and Income Support, however a friend of mine died and left me 10,000 (have just filled in the probate forms ) and would be be happy to use this money to take the HA to court. They have put myself and my 2 daughters through hell.

 

I would like to seek compensation along with getting the 4,000 back that they owe me due to the over payment from Income Support.

 

If you can get back to me with your feelings on this matter I would be very grateful.

 

Also if you could direct me to a solicitor who would be willing to listen and take on this case this would be fantastic.

 

ps.

 

I will use some of the money to pay the housing AGAIN if I don't get anywhere now the latest has happened . I am really depressed but still need help to fight them.

 

Octavia Housing and Care, I feel should change their name as not been at all caring towards me and my situation. Spend less on all the coloured glossy brochures they send out and spend more money on keeping tenants happy and secure in their homes, like they promise.

Edited January 7, 2009 by london NW
am trying to correct speling mistake harassment on title

[london NW]

sorry about spelling mistakes, no spell check and cannot edit title!

[breeze1996]

If you say you have the records of payments why don't you ask for your statement of the account so you can show which payments they have lost.

 

I am sure you could send them a letter under the data protection act to get copies of every item of information they hold on you, including phone calls.

 

If you can show the account is in credit couldn't you take them to the small claims court for a refund.

[london NW]

Just reading other posts here I just don't understand that one can get evicted and then be put at the top of the housing list again or that you can go and find other accomodation with similar rent and income support will pay. If it was that simple I would have done both of these. Every move I have intended on making comes back to the same old thing and that is..........I would be making myself homeless intentionally.

 

It is all sooooooooooooo exhausting but not only that, takes half your life up. I wish I had never got involved with the so called system as once in is so hard to get out of.

[london NW]

Breeze thanks for your post but it is not a question of data potection. I have every letter and email sent to my housing ass, well over 300 in 10 years. It is a matter of they do not want to co-operate. Also seeking advice on legal aid is limited and I need some who can commit to my case and read everything I have in my very large file. To me it is unbelievable but to others I am just a number.

[TheChancellor]

Hi LNW

 

Just had a quick look & will come back later.

 

My first thoughts would be to use the 10k when it arrives to get yourself out of there & make a fresh start.Concentrate on that & maybe find a private LL ?

 

I had a constant battle with my last LL but you've got to remember that the people you are dealing with will still pick up their money every Friday regardless of how upset you are.

 

You can start the ball rolling by getting up to date statements but don't let it bog you down from the main event of moving.

 

If you see there is light at the end of the tunnel then you will feel brighter as well.

 

You will need to do all the prep work before you receive any money as I presume "they" will take this into account when assessing your benefits?

[london NW]

Thanks for the reply and yes you are right with what you say. I can find a private LL and pay the rent whislt the money last but of course then have the added problem of having to apply for housing benefit again and will that be allowed?

 

I think when on benefits people are allowed to have up to 16.000.

 

When I was asked by housing benefit whether I should have the rent myself or get it paid direct to Octavia, I said direct. Will never do that again if in the same position because of course I am not able to hold anything back now or even put the rent into an account whilst this is all going on. The LL are not suffering at all as they do get poaid every week and the only person who has lost through all this is myself.

 

I would like to know how much a private solicitor would charge in the first instance just to see if they felt I had a strong case and could win.

[gizmo111]

You say you have rent arrears and also they owe you money

[london NW]

I know it is hard to understand Gizmo.

 

Both my daughters had to move back for a short while and they informed housing benefit of this and asked how much they should pay each week. The amount was paid every month by standing order direct to Octavia but housing benefit did not stop their payments and so Octavia Housing have been paid twice.

 

I am having 5.00 per week deducted from my weekly money to pay Octavia back for the over payment so in actual fact at the end of the day they will of got 3 times the rent.

 

Why should I have to pay the over payment back, it was not given to me but to the HA direct?

 

Hence now being in arrears 4000.00

 

I hope this makes sense, it does to me. I have tried to have meetings with Octavia and housing benefit and written countless letters but I am not getting anywhere.

 

I have been staying at friends places as it has become unbearable here but now because of this last incident I feel I have to start fighting again.

 

What do you suggest please?

Edited October 8, 2008 by london NW

[breeze1996]

I meant if you cross reference all the known payments against their statments then you could send them a list of payments no included on your statment and ask them to explain where the money has gone.

 

I had to do this myself and once you show them what payments are missing they (the missing payments) seem to appear. in which case your overpayment can be reclaimed.

 

I used to work in an Accounts Office and for an Accountant, so know if you can prove the overpayment with dates and reciepts the company suddenly find missing money.

[london NW]

But I have done all that. I know this may sound ridiculous because it is. I suggested going to their offices once a week with all documentation, bank statements, rent statements etc but they just keep fobbing me off and have done for 4 years. It just gets to the stage where I give up and when I have the energy start all over again.

 

I have spoken to my local MP and she put me in touch with a solicitor but my file has been sitting unopened in his office for 3 months.

 

I cannot keep going to all these different people on legal aid, I just want it sorted once and for all.

[london NW]

I know at the end of the day I will have to use all that money 10.000 that my friend left me on rent in order to live in peace. I have never had that kind of money and am never likely to again. I don't mind doing this but I am sorry to say this but I do not want those B......s Octavia getting off. They should be held accountable, don't you think or am I just beating myself up?

[breeze1996]

If you really have proof they owe you why not put in a court claim, it won't cost much and they will have to answer or pay up by default.

[london NW]

Breeze,

 

Pls tell me how I go about doing that and how long it might take. Would you suggest I get an accountant or do it myself and not wanting to sound pessimistic but what happens if they dispute it, which they probably will and what happens if they don't?

 

I just need to know what to expect.

 

Also yesterday I sent a question to one of those lawyer firms where you pay 20.00 for the answer. I haven't paid yet as I thought I'd try here first but is it a good idea or not?

 

Sorry to bombard you with questions, just can't think straight or make decisions at the mo.

 

Many many thanks.

Edited October 8, 2008 by london NW

[TheChancellor]

Hi LNW

 

If the rent was over-paid how are you 4k in arrears & how have they allowed it to build up to that level?

 

If the HB over-paid the rent surely it would be due back to them & up to them to re-claim from the housing assoc.?

 

Can you not cancel the authorisation that pays it directly to them?

 

As I said earlier, it becomes a point of principle & starts to take over your life.But principles can be expensive and it costs lots of time & money when you can now look to start a new life elsewhere.

 

I wouldn't throw good money after bad if this has been going on for years.

[Rapido]

'Why should I have to pay the over payment back, it was not given to me but to the HA direct?'

 

HB is a contract between the individual and the HB dept.

 

Just a thought, aren't there any tenancy support services in your area that maybe able to help? I'm thinking Supporting People funded floating support services.

[MrShed]

Indeed Rapido - my illustrious employer operates in this area...

[MrShed]

The HA mentioned is a RSL, which means that you could complain to the ombudsman(Housing Corporation) if you so wished.

[london NW]

Dear Mr Shed, The Chancellor, Breeze, Gizmo and Rapido,

 

Many many thanks for all your concerns and replies to my post. So sorry I have not been on this site for a few days but everything was just getting me down.

 

I went to see a solicitor on Thursday, recommended to me by my local councillor and I am quite confident that matters are now going to be dealt with. I spent 2 hours with Mr P and he has already given Octavia Housing and Care 21 days to complete repairs to my property that were promised to be done back in Feb 2007.

 

Regarding rent debts and a transfer, (not that I really want to be transferred to another property of theirs), he has to read all the correspondence between myself and them which is a hell of a lot and goes back 10 years.

 

I also have a meeting this week with a support team and they are going to put me in touch with Thames Reach. They support homeless and vunerable people.

 

Mr P did write a letter to the homeless unit in Orchardson Street but has advised me not to use this until he has heard from Octavia. Reason for this is that HB will not pay for 2 places, (obviously) and he does not feel that I should give up my tenancy yet.

 

I will keep you posted as to developments. I only pray that there will be some as if this all fizzles out to nothing I think I will just give up.

 

Best wishes to you all and once again thanks for all the support you have given me.

 

Debbie

[TheChancellor]

Good Luck Deb.

 

Keep us informed.

[MARTIN3030]

For the benefit of explanation to users who have contributed to this thread,the OP has requested some moderation of their posts,in the interests of safeguarding ongoing progress/resolution.

I think under the circumstances this was warranted and therefore actioned.

Hopefully the OP will give an account when they feel able to do so.

[london NW]

Finally, after what seemed far longer than 3 weeks, I received copies of the letters my solicitor has sent. They are very good and am hoping at long last to resolve all my housing issues.

 

I am very grateful to have found someone who has listened to me and that was really all I ever wanted.

[london NW]

It has now been 5 weeks since my appointment with the solicitor and I have heard nothing. I was hoping that after this initial meeting I would be able to relax for a while knowing that my case was in good hands and being dealt with. I am sure it is and know that these matters do take time, (10 years), but feel so anxious and need to know more about the law and what exactly my rights are.

 

I have typed out parts of the letters, could not copy and paste due to them being sent as a scanned copy. I hope that this may help others including myself and also get some feed back from the experts on this site.

 

 

 

Letter sent to Octavia re: Repairs

 

 

23rd October, 2008.

 

Your tenant complains the property suffers from damp in the kitchen, growth of mould in the bathroom and two windows need replacing. These issues have never been resolved by you.

 

Our client is having difficulties to access her storage cupboard as her neighbour changed the lock since breaking into her property, (crime Ref no .........). She is sleeping on the floor as the bedroom is piled high with boxes and mattress.

 

Regarding neighbour, please notify us what action you are taking against her if any following the alleged burglary. Are you willing to claim for possession?

 

Please confirm that you will take off the lock her neighbour attached put the new lock on and provide our client with a key.

 

Please arrange for an independent surveyor or joint surveyor to inspect the property as soon as possible.

 

Disclosure

 

Please provide within 20 working days of receipt of this letter, the following:-

 

All relevant records or documents including:-

 

1.Copy of tenancy agreement including tenancy conditions

 

2. Documents of computerised records relating to notice given, disrepair reported, inspection reports or repair works to the property.

 

We enclose a signed authority from our client for you to release this information to ourselves.

 

Expert

 

If agreement is not reached about the carrying out of the repairs within 20 working days of this letter, we propose to jointly instruct a single joiner expert to carry out an inspection of the property and provide a report. We enclose a copy of their CV, plus a draft letter of instruction.

 

Please let us know if you agree to his appointment. If you object please let us know your reasons within 20 working days.

 

If you do not object to the expert instructed as a single joint expert, but wish to provide your own instructions, you should send those directly to the expert within 20 working days of this letter.

 

Please send to ourselves a copy of your letter of instruction. If you do not agree to a single joint expert we will instruct the above expert to attend at the same time, please let ourselves and our expert know within 20 working days of this letter.

 

Claim

 

Our client’s disrepair claim requires further investigation. We will write to you as soon as possible with further details of the history of the defects and of notice relied on, along with details of our client’s claim for general and special damages.

 

Yours faithfully

 

 

 

 

Letter to Housing Benefit re: Payments

 

 

15th October,2008

 

We confirm that we act on behalf of the above client.

 

In order to clarify matters relating to our client’s Housing Benefit, we would be grateful if you could forward to us a detailed assessment of all transactions of payment made to out client’s Landlords Octavia. We enclose the sum of 10.00 cheque for a copy of the file with our client’s authority. Upon pursuing a rent statement from Octavia Housing Association, copy enclosed, we note that during the three month period from 11 June, 2001 to 10th September, 2001, there were no transactions received from yourselves in respect of our client’s housing benefit. We would be grateful if you could clarify this.

 

Furthermore, we note from an email dated 16th january, 2008 by Ms Ann Salako, Complaints Officer of City of Westminster, copy enclosed, she states that there was an overpayment of 2015.34, however this does not appear on our client’s statement.

 

We would be grateful for your urgent attention on this matter.

 

Yours faithfully

 

 

 

 

The police informed me that they had to postpone presenting paperwork to The Crown Prosecution but have assured me that they will try this week to get an answer one way or another as to whether the case will go to court or not. They also said that they will contact Octavia and see if I could be moved but cannot promise anything.

 

 

To sum everything up, I do not care about the repairs being carried out now as I just want to get the hell out of here. I have been trying to move since the year 1998 when the neighbour harassment started and to date it continues. Because of the lack of support from Octavia Housing and Care I would prefer to be re housed by the council or another HA.

 

Once again any advice on my case would be much appreciated.

 

Many thanks

 

 

 

 

 

 

 

[MARTIN3030]

Solicitors letters seem to be OK.

The subject access request to the Council is still within 40 days.

The response from Octavia should be any day soon.

 

The information that the Solicitor has requested,should give you the substance to sort things once and for all....and thats what you want isnt it?

The Solicitor should be able to reconcile your injustices once he has got everything on the desk.

Yes its true...its been a long haul for you-but dont give up now.

Use the findings that are on the way to you,to finally get a result.

[london NW]

Thank you very much Martin. I really appreciate your comments. I just needed someone else to reassure me that this is all going the right way. I am going to hang on in there and try not to worry.