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    • Hi Firstly did you send the Formal Complaint letter I mentioned in post#6 and also did you send a SAR Request??? Right whoever that was from the Housing Association that stated they can do what they want is very sadly wrong and what they had just done by attending your property and trying to change the lock without a Possession Order from the Court is classed as an ILLEGAL EVICTION as a Notice to Quit does not give the Housing Association the Power to attend you Property and try to change the locks. You need to remember if you leave that property with no possession order from the courts and try to get the council to house you as homeless you will be classed as intentionally Homeless therefore you have no right to be given temporary housing by the Council. (as mention in my post=6). You need to do two thing urgently and they are another Formal Complaint to the Housing and to contact them by phone and not ask but demand to speak to the Housing Manager as to why they tried to carryout and Illegal Eviction without a Possession Order from the Courts by trying to change the Locks to your Property.   Dear Sir/Madam FORMAL COMPLAINT Reference: ATTEMPTED ILLEGAL EVICTION WITHOUT A POSSESSION ORDER FROM THE COURTS Today 18th June 2024 at approx XXXXhrs a Housing Officer attended my Property with a Locksmith to change the locks to my property unaware that I was in the property at the time and breaking into my property all caught on my doorbell camera. When challenged by myself on this matter that the Housing Association required a Possession Order from the Courts to even think about changing the Locks to my Property your Housing Officer was obnoxious and insisted that the Notice to Quit letter gave him all the powers he required to therefore change the Locks to my Property. What the Housing Association have just tried to do is to carryout what is classed as an ILLEGAL EVICTION as you did not have a 'POSSESSION ORDER from the COURTS' and a 'Notice to Quit' Letter does not give your Housing Association Carte Blanche to carry out such action as a Notice to Quit Letter is only the start of any Housing Association process for evicting a Tenant as your Housing Association should be fully aware of. The actions of your Housing Officer were all recorded on my Mobile Phone as well so I have full evidence of the Housing Association actions in attempting an Illegal Eviction which I will also be making the Courts fully aware of when you take this to Court to get a Possession Order. The actions of the Housing Association and specifically your Housing Officer have caused untold stress due to the above and I require an urgent meeting to explain your actions due to the above which I find absolutely disgraceful by the Housing Association and also require the following: 1. Your Eviction Policy (not the leaflet) 2. Copy of your Complaints Policy (not the leaflet) 3. Copy of your Customer Care Charter (not the leaflet) 4. Copy of your Equality and Diversity Policy (not the leaflet)   
    • the same 3 question on the n180 are asked before the mediation can begin. so you then say ... despite numerous requests dating back over 1yrs the claimant nor their sols have supplied me with requested paperwork to enable me to make an informed decision upon entering into mediation. i therefore refuse. you are doing the same thing again you did last year  https://www.consumeractiongroup.co.uk/topic/458251-linkkearns-claimform-old-barclaycard-debt-now-n244/?do=findComment&comment=5232418    
    • I'm compiling a brief list of points to state in tomorrow's mediation call.  it would seem that I have to come to an agreement of some sort. Seeing as most of the defence, lack of genuine paperwork evidence from the claimant, mild threats etc. seems to go in my favour, is it best to mediate for that agreement or to let it run to court?  Short of the 6 year rule playing out, I'm going to have to pay up somehow, so why don't I just end it tomorrow? By paying I mean, not hurling myself off a cliff.    
    • @ReuTheo Thanks very much. Coincidentally, it has now been exactly over 1 year since I sent my parcel with Evri and began my enquiries with them as to where my parcel is (and eventually coming to this forum / starting this thread). I understand how you are feeling. It's why I kept this thread active and detailed, so anyone who reads it, can clearly understand what was happening at each stage of the process, so they don't feel anxious or overwhelmed with the process through MCOL, mediation, arranging for trial, working through the WS / Court bundle, and finally going in front of a judge. The work has been put in so hopefully you (and everyone else) now has a good WS template to use and build the case. I agree the legal language and specifics are not easy to understand at first glance by layman / non-legal persons. What I found useful is reading the WS and researching some of the Acts in my own time so that I could understand the legal speak. This reading / research really helped me to have a clear idea of what the rules/laws are and how they apply to my case (and likely your case also). As you know, this is a self-help forum so you certainly got to put in the time/work to understand your case/argument. It will be worth it in the end (I say this from personal experience - given this time last year, I was banging my head against a wall with Evri and couldn't see the light at the end of the tunnel). Above all else, the team on this forum such as @BankFodder and @jk2054 are a tremendous help with getting the WS in the right state and giving guidance. Don't be afraid to ask questions on this forum - it's for your ultimate benefit (even if sometimes the responses seem harsh - don't take it personally. If my experience is anything to go by, it'll help give clarity and maybe even close a potential gap in your case). Good luck with your case.
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Tolerate and Repairing Standards regarding heating in Scotland


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Hello everyone,

 

I have a question regarding provision of heating in Scotland.

 

 

I am renting a private accommodation and, as per usual, agent seems not to care,

even though has been informed (emailed twice, now I am intending to send them a formal letter) the heating does not work properly.

I have no boiler and only electric heating in the whole flat.

 

 

Problems:

 

1) the radiator in the living room does not operate, tried all the switches that there are and it will not budge.

(There is a small, fixed electric fireplace in the living room but it is only on/off and does not provide enough heat anyway when constantly on).

 

2) the radiator in a bedroom (smallish for the size of the room), whilst constantly on full power, never provides enough heat

- as I am writing, being there, I feel cold, my fingers feel stiff and cannot bend them without minor pain.

 

 

There is also draft due to improperly insulated windows in the bedroom and the the living room.

 

3) A heavy, vertical radiator in a bathroom is not properly fixed and is prone to falling of the wall which is a health hazard

(apparently, the agent have been made aware about this by previous tenants as well and made no repairs).

 

4) There is no heating system whatsoever in the kitchen - is the kitchen excluded from provision of heating?

 

My understanding is that the flat does not comply with tolerate and repairing standards

and the issues I have mentioned above should have been addressed by the agent.

 

 

I want to write a properly formatted, detailed letter to the agent but I canno find within the Shelter Scotland website (and others)

or Scottish Housing Act precise information about the tolerable and repairing standards in respect of heating,

 

 

that is: what are the exact minimum celcius temperatures in bedrooms and living rooms that the fixed appliances should provide at all times?

 

I would be thankful if anyone could point me towards relevant legislation and/or guidelines

as well as what the next step I need to take, should the agent disregard my formal letter of complaint.

 

Thanks,

K.

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Hi kosebamse

 

1. Have you reported all these issue to the Letting Agent and Landlord.

 

2. The issue with the radiators not heating are you sure the radiators dont just need bleed to remove any air blockage.

 

3. If property has Gas when was the last Gas Safety check done.

 

This link may be of use its for the Private Rented Housing Panel which provides tenants with a way of enforcing the Repairing Standard and, for some tenancies, setting reasonable rents.

 

http://www.prhpscotland.gov.uk/prhp/1.html

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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hi Stu,

 

Thanks for your reply. I have made the agent aware, twice. I am about to send the agent a formal letter. I do not have contact details to the landlord. The heating is fully electric throughout the house. There is no radiator in the kitchen whatsoever. I have just checked temperatures:

- in the kitchen: 12°C during day time, temperature outside 4°C,

- in the living room 12°C during day time, temperatures outside 4°C

- in the bedroom - there is a fixed radiator but it is too small and inefficient - after 60 minutes having the radiator set to max, the temperature climbed to 13.8°C during late evening, with the temperature outside 1°C.

 

I feel cold in the flat all the time, despite wearing 3 layers of clothes, sometimes 4.

 

K.

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A link that might help: https://www.gov.uk/government/publications/cold-weather-plan-for-england-2014

In particular, the document on Minimum Temperatures - Whilst it is an NHS England publication, I'm sure NHS Scotland will have a similar publication..

 

Quoting from the Executive Summary:

 

On the basis of the evidence and discussions with experts and implementers presented in this review; the following recommendations on indoor temperature thresholds are proposed:

 

Heating homes to at least 18°C (65F) in winter poses minimal risk to the health of a sedentary person, wearing suitable clothing.

 

Daytime recommendations

 

  • The 18°C (65F) threshold is particularly important for people over 65yrs or with pre-existing medical conditions. Having temperatures slightly above this threshold may be beneficial for health.

 

  • The 18°C (65F) threshold also applies to healthy people (1 – 64)*. If they are wearing appropriate clothing and are active, they may wish to heat their homes to slightly less than 18°C (65F).

Overnight recommendations

 

  • Maintaining the 18°C (65F) threshold overnight may be beneficial to protect the health of those over 65yrs or with pre-existing medical conditions. They should continue to use sufficient bedding, clothing and thermal blankets or heating aids as appropriate.

 

  • Overnight, the 18°C (65F) threshold may be less important for healthy people (1 – 64)* if they have sufficient bedding, clothing and use thermal blankets or heating aids as appropriate.

 

Edit: Also came across this: http://www.privatehousinginformation.co.uk/site/138.asp

British Standards state that a minimum standard of heating is a fixed space-heating appliance to each occupied room. It should be capable of efficiently maintaining the room at a minimum temperature of 18°C, in sleeping rooms, and 21°C in living rooms, when the temperature outside is minus 1°C and it should be available at all times. The adequacy of loft insulation and cavity wall insulation is important and would be considered as part of any HHSRS assessment, as would significant draughts.

 

You may need to do a bit of digging to see if HHSRS is applicable to Scotland, but even if it isn't, a British Standard will.

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Hi P,

 

Thanks a lot, that was helpful. However, what baffles me, all those guidelines are recommendations. My understanding is that recommendations are not lawful regulations, that is cannot be enforced. In other words, technically, the agent can shrug their shoulders, and say 'whatever'?

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  • 4 weeks later...

I have produced a formal letter of notification of repair which clearly itemized what needed to be done as well as included pictures. This letter was sent to the agent signed for and a few days later I also emailed the letter to a number of people in the organisation (maintainance manager, supervisor of maintance, etc.) to make them aware of the issues in no uncertain terms. I think i was generous because they had almost two months to come up with, at least, a detailed plan of the repair actions. Sadly, this 'professional' agency hasn't replied to the letter of notifcation of repair and my emails so far! I had to spend money to buy radiators, endure cold temperatures in the house as well as not properly fiteed or working devices. At the same time I pay a hefty rent every month on time. I do feel like it is an injustice, not only to me, but also to the legal framework and the Housing Act. What do you guys recommend as the next step?

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Contact the Private Rented Housing Panel and speak to them I gave you the link in post#2 they can mediate to try and get this resolved.

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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