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stu007

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Everything posted by stu007

  1. Hi Issue 1 Driveway you need to put this in writing and title the letter Formal Complaint and explain the parking issue fully right down to that neighbour getting aggressive and that your are paying rent for use of your driveway and do not have peaceful enjoyment due to the actions of this neighbour. Issue 2 Is actually nothing to do with yourself but the Housing Association who will no doubt have some agreement in place to place these individuals. Issue 3 Again a Formal Complaint about the Garden in writing explaining the issue and that it is now a Health and Safety issue and need to investigated properly and further action taken to rectify this matter. Issue 4 Since you have been refused permission your next route due to your Childs mobility issues is check the Local Councils website for "Occupational Therapy" and request an Occupational Therapy Assessment due to your Child Mobility issues and when they come out explain about Garden and that it needs paved if they agree then they will contact the Housing Association for this to be done. (why should you pay for it go through Occupational Therapy) Done this with my own Housing Association as my back garden was all cobble stones as I now use a wheelchair got Occupational Therapy Assessment done and Housing Association were made to completely pave back garden at no cost to me.
  2. Hi Before going down the Bank Route IMO as you have made a Formal Complaint on this matter you need to let that run its course as they need to follow there complaint procedure and you should have had a response within 5 working days with a Complaints Reference that they were looking into the matter if not get onto them. When I do this even if I use my own Housing Association online complaints form I always follow it up in writing so they can't get out of it
  3. Hi Sadly the mistake you have made here is not asking the Council for permission for that Out Building irrespective of Planning Permission as your Tenancy Agreement is with the Council there will be clauses in that Tenancy Agreement that any amendment to the property you need to ask permission. Even my own Tenancy Agreement with my own Housing Association has that specific clause in it where you need to ask for permission in writing. Bear in mind you did not just put up an Out Building but also a paved a path to that Out Building without getting permission first from the Council who are your Landlord therefore they could class this as a Breach of Your Tenancy Agreement. When you rent a property you are only renting it the property and any land does not actually belong to you but belongs to your Landlord the Council. As the Councils Planning Officers are now involved irrespective that other may have out building (they may have correctly asked the Landlord for permission which you will be unaware of and the Council will not tell you about due to Data Protection Act). Your only way around this IMO is to officially write to the Council your Landlord asking for permission for these Out Building and the paved path to those Out Building explaining your reason and you medical disability (don't add that others have out building may go against you) just explain your medical reason in detail and give details of the dimension of the Out Buildings who installed them (any invoices) same with the Path to the Out Buildings.
  4. Hi If you had a Shorthold Tenancy Agreement then that is exactly what it is. (do you still have a copy of it) as that live in Landlord can't suddenly say you are a Lodger as you should then have a Lodger Agreement not a Shorthold Agreement. If you do still have a copy of that Shorthold Agreement can you post a copy up here for use to see what it says redacting any identifiable information see our How to Upload. Were you paying Council Tax? If this is a Shorthold Tenancy Agreement this you should consider contacting that Local Councils Private Renting section and asking them if the Landlord is registered with them as most Landlords in the UK now need to be registered with the relevant Local Council (note this is not a requirement if a Lodger and a Lodger Agreement in place) the reason we need to see your actual Agreement. If you do have a Shorthold Tenancy Agreement then your deposit is required to be protected in a Tenancy Deposit scheme and you are required to be provided with a copy of the prescribed Terms of that Scheme by the Landlord (note this is not a requirement if a Lodger) If your Agreement is as a Lodger then I am afraid the only way for you to get your Deposit back from that Live in Landlord would be to take them to Court and you would firstly need to send them a Letter Before Action (LBA)
  5. Hi Sorry for your situation in dealing with this which will be stressful for all concerned. 1. You say your Brother in Law who is in a Care Home has Capacity (unless he has been officially diagnosed as not having capacity by they Hospital with a Medical Diagnosis) then he will be classed as having Capacity. 2. I agree that there Solicitor will not discuss anything to do with the Property etc due to Data Protection as it has to be the Brother in Law. Now the but (note 1. above) it does not stop you doing a letter for your Brother in Law to sign giving you Full Authority to Act on His Behalf. 3. Now to see if the Brother in Laws Partner has a Power of Attorney or a Deputy registered with the Office of the Public Guardian you will need to fill in the forms from this link: (note 2. above as you will need to send that letter with these forms). Also this way you will see if a Power of Attorney is in place or not. /assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png Find out if someone has a registered attorney or deputy - GOV.UK WWW.GOV.UK Download and fill in this form to find out if someone has an attorney or deputy acting for them. 4. As for the Property itself you will need to if available check the Deeds for the Property to see who is actually named on the Deeds if you can't find them then check the Land Registry (note there is a fee for this and you may also need the letter from 2. above) see this link: /assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png HM Land Registry - GOV.UK WWW.GOV.UK We register the ownership of land and property in England and Wales. HM Land Registry is a non-ministerial department. 5. Did the Brother in Laws Partner has a Will in place and Registered? if unsure you can check but again there is a fee involved and it is not cheap depending on the type of search you want so be aware of that (note you will need to send letter from 2. above) this is the link: Search for a Will | National Will Register WWW.NATIONALWILLREGISTER.CO.UK Search for a Will with The National Will Register & Certainty Will Search service. Certainty Will search finds lost, unknown & later Wills. I also note from your post#6 that you mention that Probate was Granted on 5th January 2023, the will only states certain sums of money So who exactly is named on the Probate from the Public Guardian office to Act as Executor and does that Probate specifically state financial and Medical because if it only state Medical then they can't deal with the Financial matters nor the Will it must clearly give the Financial Powers. The reason I say the above I have Probate for my own Dad who is in a Care Home and is on End of Life and I have both Financial and Medical Powers and my Dads Will. You need to get your hands of a copy of the Probate to make exactly sure they have either both Financial and Medical Power and not just either Financial only or Medical Only as this is Critical as to what they can do when holding Probate it's not as simple as them saying we have Probate it's the Powers they have within that Probate. With the Will you need to be 100% certain it has been signed and witnessed properly? (is the Will Registered?) if the Will hasn't been Signed and Witnessed Properly it will cause issues. You look after yourself and remember your health is important too.
  6. Hi I have to agree with what has been said and I do hope you have kept that message from the Landlord that they shred all old tenants mail but how do you know they have actually shredded it and not opened it first and had a good read. The Landlord should have written on any mail 'Return to Sender Not Known at this Address' and put it in a post box that simple. The actions they have taken is interfered with Mail not intended for them and illegally destroyed it if they have so I would report it to the Police. Also as it is an HMO I would consider contacting the relevant Councils HMO section and informing them of the Landlords actions as well as the coming in without notice to collect wife's mail (why is wife having mail delivered to an HMO if they don't live there)
  7. Hi 1. It all depends when the Tenancy Deposit was paid if you paid a deposit before 6th April 2007 or after that date but the lat time limit for making sure they were protected in a relevant deposit schem was by 23rd June 2015 any deposit paid after that date had to be protected in a Tenancy Deposit Scheme. So even though they have now Protected The Deposit it is some years too late and could have been in that Letting Agents Bank Account over those years collecting interest for that Letting Agent as all you would get back is your Deposit partly why they need to be protected in a Tenancy Deposit Scheme. It is always best to try and negotiate directly with the Landlord (not the Letting Agent) and in writing about the failure to protect the Deposit as required before even considering going via the courts as the buck for this error stops directly with the Landlord as the Letting Agents are acting on behalf of the Landlord. Tenancy deposit protection rules - Shelter England ENGLAND.SHELTER.ORG.UK Landlords who fail to protect an assured shorthold tenancy deposit can lose their right to evict and face court claims for compensation Taking your landlord to court if they haven’t followed the deposit rules WWW.CITIZENSADVICE.ORG.UK Find out if you can take your landlord to court and get compensation of 1 to 3 times your deposit if they haven’t protected it or given you the right... 2. Write to the Letting Agent informing them that they are in breach of the Tenancy Deposit Scheme as they had until XX/XX/XXXX to protect your Deposit in a Tenancy Deposit Scheme and failed to do so until XX/XX/XXXX and to date even though the Deposit is now Protected in a Tenancy Deposit Scheme you have failed to provide me with a copy of the Prescribed Terms of that Tenancy Deposit Scheme therefore are still at present in breach of the Tenancy Deposit Scheme and require to be provided with a copy of the Proscribed Terms of that Tenancy Deposit Scheme. How to rent Booklet link:(Last updated 24 March 2023) /assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png How to rent - GOV.UK WWW.GOV.UK This guide is for people who are looking for a house or flat to rent.
  8. Hi If there is going to be a meeting make sure and have a list of questions that you want answered especially the fib about the Right to Repair Scheme they told you they were unaware of when it is enshrined in Housing Legislation that they would be fully aware of and with that one keep asking the question until you get an answer. (always play it calm but keep asking your questions until you get an answer and if they try to fob you off with an excuse of we will get back to you don't accept that as they have had long enough and should be able to answer that question) I do hope that SHP are going to be present as well and if they are make sure and ask them to minute that meeting and you would like a copy of those minutes. The other big question is why do A2 when someone takes up a New Tenancy not inform those individuals as part of signing that New Tenancy of the reasons to have Contents Insurance and it is note in their Housing File that they have been informed as A2 didn't make you aware of this requirement when signing a New Tenancy nor can A2 show in your Housing File that this was mentioned. (if A2 refer to their website you then state the exact same again and refer it to SHP as well) Look after yourself
  9. Hi Just thought I would pop in to see how you are doing and also that I would have expected something from SHP chasing A2 about this oh we didn't know about the Right to Repair (big lie from A2 as they are fully aware of it) to see what excuse they came out with to SHP and yourself. If this is still ongoing and SHP have not heard from A2 yet with a proper response then what the heck are SHP doing not chasing this up for a response and if this is the case then you need to make another Formal Complaint to SHP You look after yourself
  10. Hi I can see where you are coming from in them not complying with legislation that Tenancy Deposits had to be protected by a certain time which legally they should have done. 1. At the legal time your Tenancy Deposit should have been protected by legislation was it the same Letting Agent managing the Property? 2. As the Letting Agent has now Protected the Deposit have you been given a copy of the Prescribed Terms of that Tenancy Deposit Scheme as Legally required? (if not then they are still in breach as it is a legal requirement and you can ask them for a copy of these Prescribed Terms) 3. As they don't like to give you copies of document then you write a Subject Access Request (SAR) to them asking for 'ALL DATA' that little phrase covers whatever format they hold your DATA in whether it written, emails, recorded phone calls etc. they then have 30 Calendar day to respond on acknowledgment of your request. (this way you will be able to see exactly what info they hold on you down to your original agreement) 4. If you don't sign that new agreement it just become a rolling agreement and the original terms of your previous agreement still stand. 5. As for the well shoddy/fake Electrician that came out you can contact the Private Landlords section of your Local Council to make them aware of this and it was you that had to complain to the letting agent of this incompetent individual they sent so a further inspection could be done by a competent individual that was qualified. (make the council aware of the letting agents or keep it to use against the letting agent at a latter stage) 6. I do hope you have also been given a copy of the 'How to Rent Checklist' (letting agent should have given you a copy of this) /assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png How to rent - GOV.UK WWW.GOV.UK This guide is for people who are looking for a house or flat to rent. Have a wee look at our Private Renting area here on CAG:
  11. Hi All Private Landlords are required to be registered with the relevant Local Authority/Council so I would contact the Local Councils Private Landlords dept and make a complaint to them of the disrepair to the property which is causing damage to your property and your attempts to get the Landlord to resolve this to no avail. They may in turn send out officers to inspect the property and if required issue an enforcement notice to the Landlord
  12. Hi Also further to what @BankFodder has mentioned in post#14 it does not stop you making a Formal Complaint to the Information Commissioners Office (ICO) as they lost your item that contained DATA while in their possession and have so far taken NO steps to even investigate this matter nor reported it being stolen to the Police therefore also a Data Breach due to them losing it. Make sure you have a copy of that response from post#12 to forward to the ICO Make a complaint ICO.ORG.UK If you have a concern about the way an organisation has handled your personal information or you have an issue accessing information from a...
  13. Hi Something else you need to take into account as well as that mobile phone contains DATA so the Courier irrespective that they say the item has been damaged and can't be delivered if they have destroyed that item then it must be destroyed in compliance with DPA/GDPR and you should insist that if it has been destroyed by them that you require a certificate of destruction that complies with DPA/GDPR. Too many Couriers use the excuses you have been given but how do you know it is damaged or destroyed without them providing physical evidence i.e. photographic evidence or a destruction certificate that it has been destroyed in compliance with DPA/GDPR if it is an item in your case a Mobile Phone that therefore contains DATA.
  14. Hi I have to agree with the above post You need to make a Formal Complaint to the Councils Roads Department as they are legally responsible for the condition/maintenance of the Public Roads/Pavements and the buck stops with them irrespective it was a water companies private contractor that dug up the road then supposedly fixed it afterwards but done a shoddy job of it causing your property issues of water ingress. Their Roads Department should be coming out to inspect this issue and then send the water company an enforcement notice to repair this road properly. Where I live last November our entire road was dug up for Gas pipe replacement but outside my property when they re laid the road it was bad so complaint to councils roads dept who in turn came out looked and agreed the road needed re laid and gave the Gas Company 2 options, option 1 come out and carry out the work to re lay the road surface and inspection afterwards or option 2 Enforcement Notice issued. Gas Company took option 1 and done the work properly and council inspected work afterwards.
  15. Hi I have to agree with @FTMDave You need to be more pro active to get the help you need and also stop being so cryptic with information as we need the full facts. As mentioned you LOST in court and the Claimant won Therefore you have to pay are £7,648.19 by 4pm 22nd March 2023
  16. Hi I can understand your point but sadly their is no legal basis set on the amount for such premiums as these are set by whoever is selling the properties. As for the petition you refer to that was rejected in 2022 as it did not meet the required petition standards. Petition: Remove premiums on shared ownership housing for first time buyers. PETITION.PARLIAMENT.UK The whole point in shared ownership is to help those with lower incomes to be able to get onto the property ladder by having a smaller deposit...
  17. Hi I have to agree with the above post and would suggest that if she was insured at the time of the offence that she contacts her insurance company and ask for them to provided her with written confirmation to that affect that she was fully insured on the date of this offence as this way she will have proper evidence to provide that she was actually insured. Had similar happen to me recently but not in an accident just police doing random spot checks and their checks even by their computer showed I was uninsured except I pulled out my insurance documents and the police contacted my insurance provided who confirmed I was fully insured and when I asked the police why their system showed I was uninsured they stated it happens as the MIB database may not have been updated properly and were glad I had my insurance documents to show them.
  18. Hi It is a difficult situation as the Housing Association has previously assisted to clean the property after it being reported to them by the Gas Contractor carrying out a Gas Safety Inspection. Then at the next Gas Safety inspection the same issue except the Gas Contractor refuses to entre the property due to its condition. Due to his Mental Health issues he should be classed a vulnerable and what assistance to maintain the property after it was reported by the first Gas Contractor about the condition of the property (apart from a deep clean) to help them maintain the property did both the Housing Association and Social Services do to assist them? (or due to his mental health did he refuse any further assistance after that deep clean) The actions of them saying he has abandoned the property is extreme even just for 6 days away and has he been served an abandonment notice? The first thing they need to do is go back to that Temp GP and explain in detail what is happening and the abandonment notice by Housing Association without taking into account his Mental Health Breakdown and if they could write/contact the Housing Association to explain this (he must give the GP full permission to do this as a matter of priority) What you use against the Housing Association is their own Policies so please tell us which Housing Association this is?
  19. Information on All-Party Parliamentary Group on Veterans (APPG) Below is the link with the information of those MPs within this Group: Just a moment... PUBLICATIONS.PARLIAMENT.UK Below is the link with more information on the MPs in this Group Veterans APPG WWW.PARALLELPARLIAMENT.CO.UK 14 Officers - To provide a platform within Parliament to promote veterans; to secure support and understanding for the needs of veterans; to scrutinise...
  20. Hi Have a good read of this Government link: /assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png Private renting: Rent increases - GOV.UK WWW.GOV.UK Private renting as a tenant - repairs, rent increases and arrears, settling disputes, deposits and your rights and responsibilities.
  21. Hi Before you decide to approach the Ombudsman you need to exhaust the Housings Complaints Procedure first which is a two stage process. You have already started the stage one process by your initial formal complaint by phone which I assume you have still not had a proper response to yet. (please let me know if I am wrong) Now what you want to do is you use Believe Housings own Policies against them as it is more power to you by showing them the parts of their own policies they have breached. Now the below link from Believe Housing has a list of Policies so download the following and have a good read of them and just think of what has happened to you with this repair and as you read them think "DID THEY DO THAT" and if not mark it and you use it against them. download the following Policies: Repairs and Maintenance Policy Equality, Diversity and Inclusion Framework Complaints, Compensation and Compliments Policy policies | believe housing WWW.BELIEVEHOUSING.CO.UK believe housing has a range of policies and procedures, which detail how we operate and why we deliver services in the way that we do. Dear Sir/Madam FORMAL COMPLAINT Water Leaking from under Bath/Shower penetrating through and damaging Kitchen ceiling Further to my Formal Complaint made by telephone on XX/XX/2023 I am still awaiting a formal response to this complaint that has now passed the stage one process Time Limit therefore I now require this matter to be escalated to Stage Two of the Complaint Process as per your Complaints Policy December 2022. The above issue has been ongoing for months and has been reported more that 3 times previously with damage to the ceiling on those occasions still not actioned for repair and now having again to report the same issue again. Due to this I require a full investigation carried out as to why your contractor has failed on numerous occasions to carry out this repair to a proper standard and therefore causing further water damage to your property which I pay rent for which pays for these repairs. Also to leave someone that is disabled with water coming from the bathroom through the ceiling which has still not been repaired and told to wait 35 days for an appointment when it was pointed out to your advisor that I am disabled and to be informed by that advisor This was not a good enough excuse" to change the date this is discrimination and a breach of your own Equality, Diversity and Inclusion Framework which I point out the following: Equality, Diversity and Inclusion Framework - May 2020 We do not believe that equality and diversity activity should be viewed in isolation, instead it is and integral aspect of day-to-day behaviours and working the believe way. We will: Ensure we work to remove any direct and indirect discrimination and the eradication of any harassment or victimisation. (Believe failed in the above due to the actions of your advisor stating that my disability was not a good enough excuse to change to a different appointment due to being disabled was indirect discrimination by believe as I was treated as someone able bodied by that advisor even after they were made aware I was disabled) Recognise that no two people are the same and treat everyone as an individual. (Believe failed in the above due to the actions of your advisor stating that my disability was not a good enough excuse to change to a different appointment due to being disabled was indirect discrimination by believe as I was treated as someone able bodied by that advisor even after they were made aware I was disabled) Regulator for Social Housing Tenant Involvement and Empowerment Standard Demonstrate that they understand the different needs of their tenants, in relation to the equality strands and tenants with additional support needs. (Believe failed in the above due to the actions of your advisor stating that my disability was not a good enough excuse to change to a different appointment due to being disabled was indirect discrimination by believe as I was treated as someone able bodied by that advisor even after they were made aware I was disabled) Believe is also in breach of its own Complaints Policy as to date I am still awaiting a response to my Formal Complaint made by telephone. I look forward to your reply Please feel free to amend the above to suit your needs
  22. Hi Make sure and let the chap from SHP know about that Decant Policy and what you weren't offered, yet again A2 breaching its own policy. Also make the Ombudsman aware of that Policy as well,
  23. @Warrior 01 We do not advise people. To share personal information with someone they do not know which is what you are asking our caggers to do Please remember our forum rules
  24. Hi just thought I would pop in to see how this is going and that you are keeping well. Since you had the meeting and I let you know well certain things A2 said were basically bull and they basically lied in front of both SHP and yourself. Did you do as suggested and let SHP know about this and if so has SHP taken this up with A2? Just for info have a wee look at this CAG Link as it will be helpful to you in any property you ever move to, have a good read of it especially post#5 - 7 have checklists that can be downloaded (you could also pint out this link to SHP and even if they wanted our advice): You look after yourself.
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