Advice needed regarding Eviction

[WiltshireGuy81]

Hi,

I've been living in a Housing Association property for the last 3 years.

I've had problems with Anti Social Behaviour in 2022 which were reported several times but were not dealt with.

Also, no matter whether its winter or summer the whole place gets infested with mould, in over 20 years of renting, ive never seen anything like it.

I've cleaned it off so many times and used all sorts of things on the walls and repainted more times than I can count, this place has also become rusty. Its impacted my health whilst I have been here and again it wasn't resolved.

The Housing Association have form for not dealing with people's mould and damp issues.

Recently I received a hand delivered letter from the Housing Association giving me a Notice To Quit and 4 weeks to leave.

Apparently the reason for this is that they've done an investigation and suspect that this isnt my main residence, this isn't correct, I have witnesses to prove this and my Daughter stays here regularly.

I'm not challenging the notice because in a way they've done me a favour by evicting me, as its affected my health living here.

Can I leave when the notice ends? I feel I can't stay here any longer, and also I don't want the costs from a Possession Order being thrown on me.

I am pretty baffled by the Housing Associations actions though.

I am trying to secure private rented accommodation but this is proving tough.

Thanks for reading.

[honeybee13]

Hello, welcome to CAG.

I'm sorry you haven't had any replies yet. I'll flag this for @stu007 and @lolerz from the site team and see if they have any thoughts.

Best, HB

[lolerz]

If you have written witness statements about living there then get those sent off to the housing association? You may be able to stop the eviction there and then if you can prove they're wrong (unlikely though).

Generally a landlord is responsible for court costs for eviction and not the tenant unless the tenant has acted unreasonably. I don't imagine you've acted unreasonably so I can't see a judge awarding a possession order with costs. 

When does the 4 weeks expire? You legally have a right to remain in this property until midnight of that date, so yes you can stay until the end of the notice. 

I would highly recommend you remain the property until this date at the very least.

If you haven't found somewhere to live don't worry about it too much, just stay after the date. Just make sure you keep paying the rent on your normal dates so that you don't run in to arrears.

They'd need to go to court and you'd have a right to defend yourself anyway. If you leave before the date of the hearing, then the housing association will just have to eat the costs. They can't take this out of your deposit.

Get on to the council and see if they have anywhere as emergency accommodation as well, they have a legal obligation to help you find accommodation. You'll be bumped up the list if your daughter is still a minor as they'll need to make sure she has accommodation.

 

[WiltshireGuy81]

Thanks for your reply, I have another 3 weeks before the notice ends.

I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs.

There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it.

I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back.

My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.

 

 

 

Edited June 1 by lolerz
Please see edits in red.

[lolerz]

Please see my comments on your post in red

[stu007]

Hi

Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go.

Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order.

As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise.

From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them.

You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:

 

Dear Sir/Madam

FORMAL COMPLAINT

Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024

I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024.

I find the above actions absolutely disgraceful action by the Housing Association.

1. Why have I never been informed nor asked about this matter by my Housing Officer.

2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter.

3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court.

I now require the following:

1. Copy of your Complaints Policy (not the leaflet)

2. Copy of your Customer Care Charter (not the leaflet)

3. Copies of your Investigation into this not being my main residence. 

 

As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc.

The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO). 

 

 

[WiltshireGuy81]

Just an update on this.

My Notice To Quit expired on Sunday, yesterday the Housing Office from the Housing Association turned up with a locksmith and broke into my property to change the locks, I think they were expecting me to be out, everything was captured on my doorbell camera.

Also, when I told him he needed a possession order, he stated he didn’t need one and because he gave me Notice and I hadn’t left he could do what he had done (I recorded this part on my phone)

Due to this causing me a lot of distress and stress I can no longer stay in the property and intend to leave asap, probably within a week or two even though I’d be homeless.

I’m shocked and disgusted by their actions.

 

Edited June 18 by WiltshireGuy81

[honeybee13]

I'm sorry to hear that. Hopefully @stu007 will be along later with his thoughts.

HB

[WiltshireGuy81]

Thank you Honeybee.

 

[stu007]

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) 

 

[WiltshireGuy81]

Thank you for the reply, they did change the locks, I didn’t want that because I had the locks changed after moving in so only I had keys, now they have keys as well as me.

I won’t be remaining at the property, my daughter stays here regularly and I’m thankful she wasn’t there to witness that. I can’t risk a repeat of that or any further harassment, I now believe they could turn up anytime, they have proven they are more than capable of it.

Edited June 19 by WiltshireGuy81

[lolerz]

Don't leave until you've got accommodation secured elsewhere.

The council will have less powers to help you if you leave before:

A: You have somewhere else secured.
B: They have a possession order through the courts.

 

[honeybee13]

Are you going to follow stu's suggestions earlier, Wiltshire? That could give them something to think about.

HB

[WiltshireGuy81]

I will be making a formal complaint, but with this lot, it will probably escalate it further and they’ll do something else. 

if a Neighbourhood Team Manager from a Housing Association can break into a property I wouldn’t trust any of them, and they clearly have an issue with me as he was bringing up anti social behaviour complaints I made regarding the upstairs neighbour in 2022.

@stu007 in your post you stated about them trying to change the locks, they did change them so is it an illegal eviction?

I’ve got a set of keys but they have now too, they shouldn’t have broken in and the locks shouldn’t have been changed, how do I know they won’t let themselves in here after all of that?

That’s one of many reasons why I’ve said I can’t stay here now, it’s too much of a risk to me, my health and what if my Daughter was here the other day or what if she’s there if they attempt to do it again?

Edited June 19 by WiltshireGuy81

[stu007]

Hi

irrespective they changed those locks whether you were or weren’t in the property it was an illegal eviction as no possession order from the courts

just amend letter to suit about locks and instead of Housing Officer put that Manager title and name

Again a Notice to Quit is only the start of any Housing Associations process to Evict a Tenant as they require a Possession Order from the Courts

What they have done by changing those locks as i have pointed out is an illegal eviction and the Housing Ombudsman is not going to be happy they tried when we take this to them but first you need to get that Formal Complaint in Urgently about this to the Housing Association 

Almost forgot

Also in your complaint letter also make sure and add the comments that Manager made about your previous complaints to the Housing Association which had no relevance on the present matter of him attending your property to change the Locks.

When it comes to dealing with Housing Associations you use their own Policies and Procedures against them and I know very well how they operate and how to deal with them even the difficult one's

Which Housing Association are we dealing with?

[WiltshireGuy81]

I didn't receive a response or acknowledgement to my complaint made at the beginning of June, which was a couple of weeks before the Notice To Quit ran out.

I have received a response and an acknowledgement to my recent complaint regarding the illegal eviction, apparently I will get a full response within 10 working days, I fully expect them to make excuses and try to justify it.

I'm almost ready to leave the property, after receiving the Notice To Quit and them breaking into my home, they violated my privacy and as far as I'm concerned that ended the Tenancy for me, I don't feel safe or comfortable there now and can't even have my Daughter there because of it, I do not trust them anymore.

[stu007]

Hi

Right with any Complaint you make to any Housing Association there general Time Limit to initially acknowledge only receipt of your Complaint is approx 5 Days and if they fail to do this they have Breached there own Complaints Procedure/Policy.

In your case with that Complaint made before you knew of the Notice to Quit Letter at the beginning of June 2024 and still no acknowledgement they have Breached there own Complaints Procedure/Policy.

So what you need to do is write to them stating about that Complaint letter/email in June 2024 and even attach a copy of it and as they have failed to acknowledge your Complaint they have Breached there own Complaints Procedure/Policy and you now require that Formal Complaint to be escalated to to a STAGE 2 Complaint.

It is good news that they have acknowledged your complaint about the Illegal Eviction as it will be interesting to see what excuse they try to use to get out of it or try to say it wasn't an eviction except it was so please keep us update on that.

Must ask again which Housing Association are we dealing with?

 

[dx100uk]

name and shame is a must!!

dx