Rexroth
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My Landlord, a housing association, is threatening legal action for access to examine a gas boiler in my rooms. I think that the application would go before a magistrates court. My question is do I get notice so I can defend the case? There is no gas boiler in my rooms. The landlord knows this. I have reminded them several times and they don't seem to believe me. It is a case of administrative chaos rather than deliberate harassment. Any ideas, please?
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Brief update. my solicitor emailed me a copy of the defence this morning and it is fine. He is attaching a copy of my defence and sending both to the Court and to the other side's solicitor. He assures me both will receive them. Now I can relax about this aspect of my life. So I shall concentrate on getting well again and getting my life back. Thank you everyone.
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Thanks for good advice and support. What has happened is that last Wednesday 3 May I had an order from the court saying that I had not filed a defence and that I must provide one by next week. They also appear not to have heard from my consultant. I had had enough and cancelled my cancer treatment and went to see a solicitor yesterday, Friday. He is excellent and expensive but I can now relax and get on with my treatment. The fact that I was stopping treatment to attend to the legal matters was a danger signal to me. In the discussion, I realised that I had gradually conceded various points to the HA who had conceded nothing to me. My solicitor considers the HA conduct to be outrageous but that it not what the court is deciding. He will look after the case and I can concentrate on getting better. This morning after a night's sleep I feel exhausted but relieved. The HA might well be so desperate for funds that they need to sell the property. It would give them in excess of 2 million. They might have misled the HCA which body regulates HAs but complaining about that can wait. Essentially the CEO of the HA can use the HA funds for legal action which would have been avoided had she behaved properly. The situation arises because of her actions, not mine. Finally, and I don't want to say it, the solicitor did ask if I had contacted the Council and if I had considered sheltered accommodation. I am going to have a few days of peace and quiet before deciding what to do about it. Again thank you for good advice. I really appreciate it.
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Another update and I feel today the world has gone crazy. As the HA and I had not reached an agreement as to when I would move and how much they would pay me, I filed a defence at the court for the five minute hearing last Wednesday. I also arranged for my consultant to send a letter to the court saying that I was unable to attend. I am not sure she did. The HA emailed me to say that it would be a directions hearing which would have been nice to know. Directions arrive this morning and I have to file a defence. I don't trust the court administration and I see a solicitor on Friday to sort out what to do. The HA wanted me to move in mid May despite being under notice that I am ill and immunosuppressed I could deal with the legal side but not the legal administration. Treatment goes well and I was to have my last chemotherapy tomorrow but am postponing it so that I'll be in a fit state to see the solicitor on Friday. Afterwards I start radiotherapy and after that we see if it has worked. I remind myself that I am very fortunate to be near a first class hospital and am receiving excellent treatment. I have been living with cancer now for five months and with the threat of having to move home for a little longer. I would like my life back. Finally the newspaper article http://www.hamhigh.co.uk/news/dartmouth-park-cancer-sufferer-72-ordered-to-leave-home-of-24-years-because-he-is-delaying-sale-1-4902439 it is a bit old now but will be updated when I am a bit better.
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Thank you friends. After this I'm not sure when I shall be posting again as I want to focus on treatment. To answer questions and respond to advice. I have it in writing that they agreed to postpone the hearing date and more importantly their solicitor wrote to the Court who have writen to me and have now set a new date of 26 April. The HA offered compensation to take account of the increased expenses of living at the new flat. An accountant advised that this needed to be calculated as a reverse annuity i.e. what capital sum would give me a net income equivalent to the increase in living expenses and this also would need to be inflation linked. Also I would be looking for compensation for agreeing for them to break a term of my lease, the standard moving fee for HA tenants without any deductions, and damages for breaches of the terms of my current lease and a few other bits. I have agreed to move but only to a place which is suitable. No the solicitor is not acting for me and in view of the behaviour of the Housing Association it is as well. The ineffiency of the HA would give me very high legal costs. Thank you for suggestion of Macmillian. I was already in touch and they have been magnificent. I have almost completed my defence. and will remove the words "lying toads" before sending it. I shall need more advice on court procedure including how we exchange evidence before the case and how I summons witnesses etc, I have represented clients before many tribunals and provided financial evidence to defend repossession proceeding in the, very long ago, I am quite sure that it will not get to court but unless I take action to defend the case it will. Most importantly I need to be able to postpone matters until I am well enough to attend court. And thanks for the opportunity for a wee rant of which there will be mony to come. Thanks for the suggestion of sheltered housing. People have suggested this before and this is the first time I have not had a strong emotional reaction of fury which probably means that I am slowly coming to terms with reality which is not how I would like it to be. The Housing Association did suggest residential accommodation (and I do know the difference as my grandmother was in both) when I turned 65. The HA is not good at dealing with real people only figures. At the time I was travelling to Africa and trekking through jungles and up mountains and was very independent. At the moment I need more than sheltered accommodation but so much depends on the outcome of treatment and this might take up to six months. It would be sensible to leave things and decisions until then but the HA is not inclined to do so. I must move to another flat and perhaps move on again from there. If I am well enough I want to retain my independance and if not then I am thinking of moving abroad where I could enjoy a higher standard of living and care at a much lower price. I'm now 72and nearly 73. I'm glad you are happy with your accommodation and wish you well.
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Thank you the truth is I don't know and in my emotional state at the moment I think I'll not post the link.
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Update on everything. On 4 December I became ill with what turned out to be cancer for which I have had an operation to remove a growth and for which I expect to start chemotherapy for a minimun of nine weeks followed by radiotherapy for some more weeks. They do not know if it will work. In addition I collapsed several times and spent time in hospital which they thought the cancer might have spread to my brain. It seems it had not but they want to do another advanced scan to make sure. I also have a bowel disorder which has quietened down for the moment. My PTSD recurred and I felt and feel that I have had enough. I contacted the HA and asked them not to start proceeding while I was ill. They did not reply but started proceedings for which I received the papers on a Saturday before I was due to go into hospital for an operation on the Monday. I sent the papers to my solicitor and asked him to deal with it as I was too ill. He didn't for two weeks and then advised that I could produce a defence which "will be easy" and spend 5-8K in court and not necessarily win and it would be nearly a thousand to ask for the matter to be delayed until I was better and to do so I would need to file a defense. I got my papers back and went to see the HA and they agreed to postpone the Hearing and I agreed to move - where when and how much compensation was to be negotiated. Then I went to the press. Can I post the link? I've had enough and need all my energy to focus on getting well again.
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Update on 4 December I became ill which has turned out to be cancer and the doctors are not sure that the treatment will work. I've had an operation and start chemo later this week. The tenant is content with the new rent. I am inclined to leave matters. Thank you for your advice and guidance for which I am very grateful.
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Whatever you do don't resign. It is possible you might leave teaching with a disabilty pension which would be a much better bet. This needs to be negotiated while you are still employed.
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Passport and travel with at least six months left.
Rexroth replied to Consumer dude's topic in Holiday & Airline companies
Generally the CAG information is correct and for that I'm grateful. -
Thoughts in your day
Rexroth replied to determindator's topic in The Bear Garden – for off-topic chat
Thank you Friends, now a week later life still seems different. -
Thoughts in your day
Rexroth replied to determindator's topic in The Bear Garden – for off-topic chat
Tests back I don't have cancer. -
Indirect Discrimination or just plain drunk?
Rexroth replied to JohnnyBoyUK's topic in General Legal Issues
No they can't nor have they been able to for a number of years since anti-dicrimination legistlation. -
What are you listening to now?
Rexroth replied to babybear39's topic in The Bear Garden – for off-topic chat
Gaelic Psalm Singing from Lewis -
Indirect Discrimination or just plain drunk?
Rexroth replied to JohnnyBoyUK's topic in General Legal Issues
No - mental health issues do not allow you to behave as you like. -
wife has run up over £25k of unsecured debt!
Rexroth replied to jcbkabs's topic in General Debt Issues
There is a vast amount of research which shows the futility of trying to control an addict's behaviour. Whether or not the behaviour is triggered by a traumatic event what matters now is to stop the behaviour. Whether or not addictions are calasified as illnesses does not help either. Having a power of attorney will not help if an addict continues their behaviour as they are likely to do. You can no more control your wife's spending or gambling than you could control an alcoholic drinking. You do need to look after yourself in this or you too will be in a mess and your wife will be no better. I suggest you might read up on co-dependancy. The 12 step fellowships DA and GA do provide a way forward for many, not all, people and might for your wife if she is willing to try Wishing you well in all of this. -
Thank you. The form is indeed two pages long and had several other pages attached to it. The tenant moved in over thirty years ago. There have been no improvements to the property. And some other points - the fellow tenant is unable because of disablity to seek help from the CAB or Shelter. In my experience each of these would say that as a Fair Rent has been registered the problem is solved. I have the Housing Ombudsman forms and have reported the matter to the Local Authority.
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Thank you, almost exactly the advice I received from my solicitor except that he advised simply to wait for the HA to act and to save me the cost of a letter. On reflection I shall take your and his advice and wait. The "stop dragging this out..." is, if I might say so, very perceptive of my behaviour in this and though I don't like hearing it I do hear it.
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Thank you for your further advice and guidance. I'll keep you informed as to progess.
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Indeed it might have been originally and so I did what any resonable person would which was to contact them pointing this out. But they persisted over a period of some months before the hearing despite many requests to correct the information. The false information roughly, not precisely which would coved several pages, was that furniture was supplied, that the tenant was responsible for damaging furniture, that cleaning services were provided, and so on and on. Accounts were included which referred to an aggregate of other properties. The person supplying the information was an accountant who had once been empoyed as an auditor. I am not claiming that s/he was guilty of fraud which requires dishonesty. I suspect that the person was so arrogant that they could not believe anyone else might be correct. Their failure to check information after, I think, at least six warnings is remarkable. Their contemptuous behaviour in sending a housing officer who had no knowledge of the issues to the hearing is disgraceful and shameful. No wonder they don't want the Board members to know what went on.
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Thank you ericsbrother and a quote for the email I received from them earlier today with indentifying stuff removed. "If you have any information which you wish to be passed on to Board members in the future, I think it may be more appropriate for you to send it to me and I assure you I will forward it to them on your behalf. As you may be aware our Board members work with XXHA on a voluntary basis and many have paid employment in other organisations, and I’m sure you will respect their desire to keep their involvement with XXHA separate from their other professional activities." Oddly enough I do know having been a board member of several organisations over the years. My experience now over thirty years ago of our director being arrested by the Police for extortion was something which did surprise us. After that when I have been a board member I have always given contact details so that employees or people using the service could get in contact with me direct. The rest of the email pretended that they knew nothing about it which is strange lookiing at the heap of emails which I am currently organising. They are worried and they have much to worry about. I am not seeking revenge but I am fed up with the hypocracy of the organisation. Will let you know what happens next.
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Thank you. In the past I was not sure that letters sent to the HA for the Trustees were actually received by them. At that time the trustees were not public figures but they now are so I am following your advice and seeking to contact them direct. I am taking care to ensure that my allegations are kept as private and confidential as possible.
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Obese patients and smokers face surgery delays in York
Rexroth replied to NewsBot's topic in Weight loss
I am very much overwieght, borderline obese, and I think this is absolutely reasonable. -
Thank you for your advice and help which I much appreciate. The updated situation is that I have spent two expensive hours with a solicitor and it seems that there are situations where a court can vary the terms of a tenancy agreement. This was news to me and thank you for the suggestion that I saw a solicitor. I have been to see the new flat which is offered, it is dreadful and much more expensive. My solictor is happy for me to meet with the HA to informally discuss matters and I had sought such a meeting. The HA came back saying that they wanted both sets of solcitors to be present which at this stage is absurd. So there we are as I contemplate Christmas and a viscious landlord who really should know better.
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My Landlords gave false information to the Rent Officer in support of an application to register a new rent. This was in respect to a fellow tenant who is vulnerable. I informed the landlords of their inaccuracies several times and they took no action to correct them. The Rent Officer made an inspection and heard evidence. The landlords sent a representative who did not give evidence. The Rent Officer accepted all of the tenant's evidence and fixed a fair rent. Is there any action that can be taken against the landlords who were either attempting fraud or at the very least being grossely negligent? The tenant has suffered no financial loss but several months of worry. The landlords is a Housing Association and has refused to deal with the matter under their complaints procedure so it is now being referred to the Housing Ombudsman's Service. I am wondering if anything else might be done to stop this abuse of a vulnerable person.
