Housing Association sending me a warning letter!

[jazztheman]

I live in a social housing property with my wife

 

we have just received aggressive behaviour from another tenant.

This tenant confronted my wife when she was speaking to a housing officer outside of the property.

 

I was in the property at the time and I could see exactly what was happening.

The tenant was uninvited to this meeting and started shouting, waving his hands at her, in her face (regardless of any social distancing) spitting in anger and I honestly though that he was going to hit her.

 

I ran out of my property shouting at the tenant and told him what is he doing and don't shout at my wife.

Only for myself to be confronted with aggression and abuse from him and he was shouting " come on hit me then" I was so angry that I nearly did, but luckily I did not.

 

I reported the incident to my social housing association and I received notification from them today which is stating that they are sending warning letters out to myself and the other tenant for having aggressive behaviour which may affect our tenancy.

I just cannot believe that I have been turned into a guilty party when I my wife was being threatened and I was only defending her.

 

Can the housing association carry out this type of action when I was only defending my wife?

[Bazooka Boo]

In a nutshell yes.

 

Nothing from stopping you lodging a complaint to them about his actions and that of the HA.

 

Just as there's nothing stopping them from doing the exact same, really does depend on what you wish to achieve from this, and by the sounds of it, whether you want to make your life harder with this chap?

 

Dependent on who the HA is will depend on what action they are willing to take should you lodge a formal complaint with them?

 

If this is the neighbours usual attitude then it might be better to gather evidence of their anti-social behaviour and log it all with the HA? 

[jazztheman]

This is now getting worse.

 

I have been informed by the housing association that they are now intending to report me for a breach of my tenancy contract and we are now at risk of being evicted.

 

This is ridiculous I was only defending my wife against a lunatic who instigated an argument and the aggressive behaviour and was threatening my wife.

 

I am considering that I need to seek legal advice over this?

[45002]

They can't just evict you it can be a very long process, you will be able to defend any case in the courts anyway.

 

I would wait and see if they do issue you with a valid NTQ 1st.

 

 

 

 

 

[stu007]

Hi

 

Have you been informed in writing by HA that they intend to report you for a breach of tenancy? (does it mention which clause of your tenancy agreement they are using or policy)

 

Is the above in reference to your initial post when you were advised you and other tenant would be getting warning letters from HA?

 

You need to know how they have reached this decision and what policies/procedures/clauses.legislation they are relying on to be able to challenge this decision even before and I do only say if they decide to go down the eviction route (which will all take time)

 

When you complained to the HA after the incident was it treated as a Formal Complaint by the HA of the other Tenants Anti Social Behaviour?

 

If the Housing Officer (HO) was present throughout this incident what action did they take? (bear in mind that HO would more than likely have had a mobile phone with them 

 

To challenge this decision you need to know not only how but why they have reach this decision to be able to properly challenge it so you need to use their own policies and procedures against them i.e. have they followed them.

 

You need to write to them ensure to title your letter 'Formal Complaint' (they need to log these which the regulator gets to see) and reference it with the date & correspondence of the last letter on this matter and also add the following.

 

 I also require the following:

 

1. Copy of Complaints Policy (not the leaflet)

2. Copy of Anti Social Behaviour Policy (not the leaflet)

3. Copy of Customer Care/Standards Policy (not the leaflet)

4. Copy of My Tenancy Agreement

5. Copy of ALL Evidence that the Housing Association has used to reach said decision.

6. Clarification of which clause in my Tenancy Agreement you are using for this decision

7. Clarification of which Housing Association Policies & their Clause you are using for this decision.

8. Clarification if this decision was that serious why the Housing Officer (insert name & date of property visit) that was present throughout this did not call the Police nor ask my wife and myself to go into my property while we were being threatened by this other Tenant on my property. (note: delete if they were not present)

 

When you get the above make sure you have a pencil/rubber or a highlighter and take your time to read them and just think of this incident and what happened and as you read think 'DID THEY DO THAT' if not then mark it, this way you are building evidence to challenge the HA decision.

 

 

[jazztheman]

11 hours ago, stu007 said:

Hi

 

Have you been informed in writing by HA that they intend to report you for a breach of tenancy? (does it mention which clause of your tenancy agreement they are using or policy)

 

Is the above in reference to your initial post when you were advised you and other tenant would be getting warning letters from HA?

 

You need to know how they have reached this decision and what policies/procedures/clauses.legislation they are relying on to be able to challenge this decision even before and I do only say if they decide to go down the eviction route (which will all take time)

 

When you complained to the HA after the incident was it treated as a Formal Complaint by the HA of the other Tenants Anti Social Behaviour?

 

If the Housing Officer (HO) was present throughout this incident what action did they take? (bear in mind that HO would more than likely have had a mobile phone with them 

 

To challenge this decision you need to know not only how but why they have reach this decision to be able to properly challenge it so you need to use their own policies and procedures against them i.e. have they followed them.

 

You need to write to them ensure to title your letter 'Formal Complaint' (they need to log these which the regulator gets to see) and reference it with the date & correspondence of the last letter on this matter and also add the following.

 

 I also require the following:

 

1. Copy of Complaints Policy (not the leaflet)

2. Copy of Anti Social Behaviour Policy (not the leaflet)

3. Copy of Customer Care/Standards Policy (not the leaflet)

4. Copy of My Tenancy Agreement

5. Copy of ALL Evidence that the Housing Association has used to reach said decision.

6. Clarification of which clause in my Tenancy Agreement you are using for this decision

7. Clarification of which Housing Association Policies & their Clause you are using for this decision.

8. Clarification if this decision was that serious why the Housing Officer (insert name & date of property visit) that was present throughout this did not call the Police nor ask my wife and myself to go into my property while we were being threatened by this other Tenant on my property. (note: delete if they were not present)

 

When you get the above make sure you have a pencil/rubber or a highlighter and take your time to read them and just think of this incident and what happened and as you read think 'DID THEY DO THAT' if not then mark it, this way you are building evidence to challenge the HA decision.

 

 

Thank you so much for taking the time and effort for your reply. I will most certainly raise the points you have raised with my HA.

 

Yes, I have been notified by the HA that there are intentions to report me for a breach of contract (no mention of which clause but I suspect it will be something to do with ASB), they are unable to carry out any legal proceedings until the end of this month because of the Covid situation.

 

I have raised a formal complaint to the HA and I have only received an acknowledgement of the complaint.

 

The housing officer who was present asked me if they wanted to call the police we declined which was probably the wrong thing to do, the housing officer then asked us to return to our apartments which myself and my wife did, the tenant who started all of the trouble didn't and just continued to argue with another tenant.

 

I do realise that the correct procedure would have been to walk away which is very difficult when your wife is under threat. Do I have a legal right under self defence, my wife and myself were being threatened and luckily no physical violence took place?

[45002]

Everyone has the right to self-defence with the use of minimum force.

 

Anything happens again just call the police.

 

If the HA do serve you with a valid NTQ, that will be the time seek legal advice.

 

 

 

 

[jazztheman]

I have sent a formal complaint to the H.A because I don,t believe that I should have been reported for ASB due to the circumstances that I didn't instigate the argument or aggression and the confrontation from me was only to defend my wife and myself.

 

The H.A seem adamant that I will be reported for ASB and that my tenancy record will be marked. This is going to have a devastating effect we have been waiting for a transfer because my wife is disabled and the current property is unsuitable after an OT assessment, if we are reported for ASB our transfer application will be cancelled. Also other H.A will not put you on their housing lists if you have an ASB record.

 

I really need to prove my case and that I am not guilty of ASB, perhaps I should be seeking legal advice and for a legal representative to represent me throughout my complaint?

[honeybee13]

Have you asked for the documents stu007 suggested, jazz?

 

HB

[jazztheman]

14 hours ago, honeybee13 said:

Have you asked for the documents stu007 suggested, jazz?

 

HB

Yes, I am still awaiting a reply from the H.A.

It's early days but because of the seriousness of being accused for ASB I need to know if I should get a solicitor involved at this stage ?