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

[CASA]

Just catching up on other posts. I agree butty that was an EXCELLENT POST. Thankyou so much again jackieandwayne.

 

Also thanks casa for the info on how much money I am allowed to keep whilst claiming Income Support and DLA.

 

I never have anywhere near that amount but there is the ten thousand coming soon. I pray.

 

 

The housing association have a legal obligation to supply you with proof over rent arrears, they cannot seek to possess or evict a person if the alleged arrears emanated from a benefit overpayment only “actual” rent arrears.

I suggest you contact the housing ombudsman supply them with all your proof, of your allegations and acertations that you do not owe the monies. The housing association will HAVE to supply the ombudsman with proof.

I take it you have already supplied the same proof to the director of the housing association to initiate a complaint?

[jackieandwayne]

I'm glad I've helped you but most of all I hope have given you some confidence.

 

You wish i was your HO? You wouldn't if you broke your tenancy agreement and upset my other tenants! Do you know, one day I banged on a tenants door to speak to her about her broken guttering - I'd never met this person before but she knew me from the tenant magazines that go out. The minute she saw me she yelled to her teenage son - "what have you done now I've got bloody J....... C....... on my doorstep!"

 

Another time, having had the local PC's round up the local graffiti artists on a large estate I manage, I took great delight in bullying their parents, (shame your children and make them do the right thing or I will NOSP you kind of bullying!) into allowing me to clothe them in bright orange boiler suits, and make them spend the day under my supervision cleaning it all off! All photographed and put in the next issue of the tenants magazine! I had a wonderful day, sat in my deckchair, writing up notes and things. I'm not that rotten though, I gave them all a McDonalds burger at lunch time!

 

I keep dog treats in my pockets so the next tenant who tries to threaten me with a rottweiller and two german shepherds will get equally as shown up as the first owner - I wasn't frightened, and the dogs loved me of course. Mind you, more recently I told someone off for letting their dog poo on the green - his answer? "There's the dog - you tell him!"

 

And these miscreants who make your life a misery? Rubbing hands in glee at what i would do to them in court, tie them up in knots and spit them out, have them barred from their own home if need be. Worse than anything the criminal side could do - they might go to prison at the very worst, at least they'd get bed and board, a person acting like this on my patch and refusing to stop wouldn't get even that! Oh, and I do so love a good ASBO application!

 

But it has to be said I couldn't do any of this, or make use of these powers (which incidentally all RSL and LA HO's have) without the help of local police, and most importantly, other tenants who will find the courage to stand up for themselves, however frightening this may be.

 

Anyway, off the point, but wanting to make you laugh, because in your situation, you'd be better off doing that.

 

Don't let Westminster fob you off, you have an absolute right to submuit a homeless application and they have to give you the form to enable you to do so. What comes out of that afterwards is a different thing, but you have the right to apply to any LA in the UK. IE., think about where you would like to live, hope this person gets found guilty, and then of course you need to move to another area for your own safety don't you? See where we are going with it?

 

Fingers crossed for you, and good luck.

[CASA]

There is no problem sitting in reception so long as you do not have a tenancy, the council one again has an obligation to assist under the 1996 housing act, you will be treated as an emergency case, even if you walked into a police station the council should have after hours emergency housing officers who can deal with you and your plight.

Emergency accommodation would probably be a B.B or a hostel, sometimes it is private rented accommodation.

You have to prove you have nowhere to reside legally, I assume your benefits are paid into an account and you have no legal tenancy, if you reside with friends or a family member and there is no housing benefit being paid for you and your families accommodation... there is no applied or legal tenancy.

[hallowitch]

id just like to thank you for finding the time to post on my thread. with all that is going on in your own life its good to see that you still have have the strength to try and help other people. I hope your kids are talking to you now You probably think you live in purgatory and ask yourself what you did to deserve this but believe me one day it will it all fall into place and you will find your wee bit of heaven on earth it took me 10 yrs my partner committed suicide yrs 22 ago so if you need to talk pm me

[london NW]

Dear jackieandwayne and CASA

Yes your posts has given me back confidence. Jackie you sound a great HO, if only there were more like you. It is probably not the fact that the woman with the guttering problem fears you but more like respects you and knows you mean business.

How lovely to get all the youths to clean all the graffitti from the walls. They must of had a wonderful day in theor matching bright orange boiler suits and then to be treated to Mc Donalds. I bet they all had a wonderful day and for some possibly the best day of their lives without involving an act of destruction with it. I don’t understand parents not encouraging their kids to at least take up some sort of hobby. There are plenty of free courses for kids in the holidays and they like and need discipline.

I have two dogs and they have never been allowed to foul in the common parts even though neighbours have complained of this to get back at me. I take them to Regents Park, Primrose Hill or Hamstead Heath every day. Like us all they need to get out for a good run to get their excercise and then they are happy and more controllable. I love the way you hand out dogs biscuits. Those dogs are never aggressive when they are first homed.

There are many tenants where I live that in my opinion should of gone to court a lond time ago. Please remeber that I have only written mostly about the burglary since then over the Christmas oeriod while i was staying with one of my daughters, a large faeces was dumped on the door step, could of been dog or human. Also my front window had been forced open. I didn’t want to call 999 but reported it to victims support, who in turn told the DC on my case. I should of asked for a crime number bur at least it is all noted.

I have only arrived at this point after 10 years of continual abuse form a handful of neighbours. I have two previos reference numbers for an incident where I was involved in fraud that i knew nothing about but my address was used for stolen credit cards and threatening behaviour. The woman upstairs in a childminder and God knows how many kids are up there. Each day I sqeeze past 5 buggys some double. They have wooden flooring so can you imagine the noise? I have never been able to sit in my home without having to have the television or radio on. One of her kids kicked a ball through my car window and never paid . This is just some of it.

Anyway I had some good news today from my soliciotr. Westminster have asked me to attend an appontment on Thursday 10.30 with the homeless department. I am going to be interviwed properly and I think I will get some definite answers. I have no idea what they will offer me. If it is BandB do you think I should take it, what about my two dogs and the fact I am on Octavias transfer list, (though that means jack .hit), or maybe they will offer me the same a two. My daughters lease runs out next month and I would like her to move back in with me. Should I mention this?

I am filling in the application forms this weekend and will take them in on Monday. I will be asking for a total of 3000.00 which will be one month rent and one month deposit on a two bed flat similar to mine. If Westminster fail to deliver I have no option but to try and rent privately.

Thanks so much and again to everyone who is concerned.

Have a good weekend a

BFN

[london NW]

Thank you hallowitch and I am sorry about your ex. depression is a terrible disease, something I cannot seem to have control over.

 

I am so glad to help as others are on here as you can see! I just say the same to you as I have had said to me Keep at it Girl. I know it is frustrating but you have so much support here.

 

Hope all the info in these post are as useful to you and others as they have been for me.

 

Onward and Upward.

[jackieandwayne]

Now you've caught my eye again! Your doggies! If you go into B & B you won;t be able to take them with you - some LA's will find bed and board for your pets at a cost to you so long as they are vaccinated. This is why I was so adamant that you should not surrender your tenancy - although because i can see how distraught you are I didn't want to say anything about your dogs.

 

Do you know, under Hb rules, I am certain there are special rules where rent can be paid during absences, on two properties for up to 4 weeks, so on and so forth, I'm just no expert on it as I don't have a lot to do with it. ie., if you go on remand in prison I believe your rent gets paid for up to 52 weeks, in cases of DV where a lady has had to go to a hostel for safety, again I believe the rent can be paid to secure accommodtion when the situation changes. If you have to give 4 weeks notice to one landlord, yet are required to take up a new tenancy before the end of the notice period you can have an overlap payment of up to 4 weeks where the rent on both properties will be paid. In your case you are living in fear of violence and retaliation and this is written down and recorded with the police, there is a court case pending and your asociation know what is going on - I would say that Westminster have to help you.

 

If you now empty your flat and hand your keys in you will be voluntarily surrending your tenancy and this could make you intentionally homeless. This is why I am so adamant that you must not do this. Live with your friend by all means, but please, don;t hand those keys in yet, you have a valid reason for not living there right now, but you should not be disadvantaged by giving up your assured tenancy. Just hang fire, please, and keep those keys just now.

 

I wouldn't part with my menagerie for all the tea in china, so you need to make sure you get accommodation where pets are allowed - again why I'm telling you not to give up that tenancy yet - it is far better to have a choice where you live than have a property foisted on you - because don't forget if |Westminster do accept a duty towards you they are likely to make you an offer of only one unit of accommodation and if this is turned down youare on your own again. Unless they use the new bidding system, where you would have more choice but are competing against every ther applicant on the list. If your friend is likely tolet you stay a little longer until this is resolved, thats your best bet, you can be classed as "homeless" still.

 

I'm pleased I made you chuckle, that;s why I shared a few of my little tales with you! I could go on all day with them, there's nought as queer or funny as folk! Its the best medicine after all.

 

I'll keep watching this thread, you can PM me if you need a boost at anytime and I know that everything will be fine for you in the end although you cannot see that right now because you are so jaded with all of this.

[The GodMother]

Jackieandwayne.

When u say about the Overlap of benefit for ppl in fear of violence i no for certain this is NOT everywhere.

 

I was told over a siutation where i was trying to get a restraining order over someone who had recently moved back to a area where i had been given accomadation that if i did NOT collect the keys and move in on the day given i would be forfitting the property and forfitting my right to be rehoused by them and the B and B i was living in would have the HB instantly stopped and i would have to leave the B and B. This is even tho the council New the situation new that i did not want to live there and knew i was going for a restraining order on the person. They had a sols letter and police records. After my sol re wrote they decided to keep me at the B and B then i moved to a local property to where i am now.

[london NW]

Hi All

 

I have got some good news but not great news.

 

I have refused to return back to my old address and have been living with my daughter all this time. Three visits later to the Housing Options Homeless Section I was told yesterday that they will agree for me to go and rent a one bedroom property under the Direct Lettings Scheme or the Rent Deposit Scheme.

 

I thought this was great as the LHA for my area is 370.00 a week for a one bed and have been scanning the local estate agents all night dreaming of living in a place I once only dreamt about.

 

This morning consulted my solicitor, (who has turned out to be an absolute diamond), only to be advised that this offer would only be temporary, six months to maybe one year and then I would probably have to start all over again.

 

I have now had to refuse this offer and hope that they come up with another place with assured tenancy.

 

Ombudsman have contacted my HA but not sure as to what is happening with the housing benefit.

 

Will keep you posted and once again thanks for all the support.

Edited January 30, 2009 by london NW

[The GodMother]

Sounds like things are hotting up glad ur getting ther london.

 

Lets see what the next stage brings.

 

GM

[london NW]

Hi All

 

Octavia called me today at 17.30 which took me by surprise as after receiving a letter from them refusing me a management transfer I did write back asking them to contact me again and to go through my solicitor. I would of liked to have posted the letter from them here and my respomce but unfortunately I cannot copy and paste it so will just have to tell you about the call.

 

xxxxx called me and asked if I would go in next week and see her and xxxxx, they are both in the accounts dept. Over a year ago I asked xxxxx if I could go in for an hour each week to sort out my arrears and she refused this offer from me as she said she could not commit herself to that. I reminded her of this conversation and she did remember it. I said that there was no point in me going into see her if none of the paperwork was going to be available and that I had continually asked housing benefit to supply a copy of payments going back to the year 1998 but they had always refused on the grounds that in 2000 the system changed and was not recoverable. I told xxxxx that I was going to SAR them and Octavia as by law they had to supply this information. I informed her that many errors had been made and that application forms had been lost and none of this was down to me. I had supplied all the information needed time and time again but nobody had ever bothered to get back to me. Only now that I have a good solicitor, an MP and the Ombudsman, have they contacted me. She then said to me that when Westminster changed over in 2000 that a lot of paperwork had been lost and also she was always having problems with forms going missing. This is exactly what I wanted to hear and I have never had any doubt in my mind that this happened to me and my paperwork.

 

I think this is a very important point, a bit of a break through really and need to know your opinion. I suggested that she speak to Mr xxxxx, if he still worked at Westminster housing benefit as his name had appeared on various letters through out this time and in fact he was the one who wrote and said that my case was still being investigated in 2005 when they contradicted themselves and said they had not heard from me. I asked her to please get housing benefit to send me all the relevant paperwork and she must send me rent accounts going back to 1998. She said she could only go back six years but would speak to xxxxx. I insisted that this paperwork was necessary in order to see where mistakes were made and without this it would be pointless me attending any meeting.

 

I need you to advise me what to do as I am not sure if to go to any meeting with them or leave it to my solicitor. Although this is not urgent as will take some time to receive the paperwork and statements, if I ever get them at all, just don't want to jeopardise anything at this stage.

 

Thanks so much

[The GodMother]

First thing Monday contact your solicitor and advise them of this. I personally would say go but record everything failing that ask them to me at your sols office with your sol present and then record that.

 

I would do what your sol suggests really but no attend without the meeting being recorded and somebody with you.

 

This is good u have managed to spoke them with the ombudsemen being involved as they now HAVE to do something to cover there basckside.

[london NW]

OK thanks The Godmother, what a good idea to ask them to meet with me at the solicitors office, I never thought of that. I must say xxxxx attitude was completely different to the way she has been in the past, hahahaha she even offered to come to my home. I said to her haven't you heard that I am not returning to my address and as from the 5th Feb I will be in B and B somewhere in Leyton, Tower Hamlets or Dagenham? Miles away from where I live now.

 

I really do think that at last things are going to be sorted. I have been fobbed off for years and it does show that getting the Ombudsman involved they have to take notice. It is great and I am feeling good tonight.

 

Cheers x

[MARTIN3030]

Good to hear it.

Of course they would be reluctant to put anything in writing.

Pity that its not yet at an advanced stage in litigation.

I do know that under CPR protocols a request could be made for further information-they would have to supply whatever you requested.If they are unable to do so,they have to say why.If it relates to documents that are no longer available,they have to say when they became unavailable,how they were destroyed etc etc.

I wonder if anyone at the council would want to make a declaration to say that these docs were lost and no one knows where they went ?

I am sure your Solicitor knows that too.