Housing Association; can I take legal action, over rent, neighbour harassment and repairs??

[london NW]

Thank You So Much. So Many People On Here Are Willing To Help In Which Ever Way They Can And That Really Means A Lot. I Have Been Reading Other Peoples Stories And Know That I Am Not Alone. I Just Wonder How So Many Mistakes Can Be Made In Cases Like Mine And Not Be Dealt With Quickly Most Importantly Not To Be Made Again. It Does Seem That Councils, Housing Associations And Benefit People Get Away With Too Much. Along With Banks Of Course!

 

It Has Been An Absolute God Send Having This Site But It Is The People On Here That Make It So Special.

[help me kick his butt]

Hey I like the Butty bit CG x

[callumsgran]

I thought you would hunni, how are you?

[The GodMother]

London

 

Have you spoken to your loca Benefits office as i am sure you are entitled to more than Just DLA.

 

People i know who are long term sick get income support and incapacity benefit with disability premium on top of that then if they qualify they get DLA.

 

I am sure that if you talk to them they should be able to help u with money advise and if you do need to move then you could always just apply for a loan with them. They will be quiet interested to here why your not getting any help from the necessary authorities.

 

Another thing that comes to mind all the harrassement etc from your neighbours have it all been police reported as it would be interesting to know if they are willing to back up your case with a letter and the necessary file paperwork. This may also carry some weight if you was to take the matter to the ombudsman.

 

Call me if you need to chat.

[london NW]

Hi C

 

I am claiming all of the above but if you think I may be entitled to a loan in anyway to possibly put down on a private rental, for deposit, moving bills etc. I will go to the Jobcentre tomorrow and apply.

 

Police have written support letters and I have produced these to both Octavia and Westminster housing but neither are prepared to house me even tempory.

 

My solicitor has sent a letter for a letter before action under the Judical Review after 14 days a barrister will be appointed.

 

This is crazy.

Edited January 8, 2009 by london NW

[The GodMother]

right u DONT need to go to the jobcentre re the necessary forms for a loan as i can give you a link to them wher you can print them off and then send them to you local jobcentre or DWP office, normally dwp as they will deal with loans etc.

 

http://www.dwp.gov.uk/advisers/claimforms/sf500_print.pdf

 

Please Note this needs to be printed then filled out.

 

Jobcentre Plus - Working Age Benefits Budgeting Loans

 

this states what you can use it for.

 

I would advise that you put 3x the amount you want as they will ALWAYS knock u back on the money they give u.

[london NW]

OK I will print these off tomorrow and then take them in to the local office. Do you think I should be honest and say it is for a deposit because I am homeless or the fact I have been burgled and need to replace items.

 

It is all so up in the air as you know. I just can't face them asking 150 questions about my situation as I have no answers. Simple as that.

 

Also if they do agree to the loan for a deposit what will happen after that. Will housing benefit pay my rent in another property and how much each week? My rent at the mo is 110.00 per week but to get the same on the open market would be about 400.00. I do know that a friend of a friend who is pregnant has just got the whole lot, two bedroom place and everything paid for. I myself had to go into bed and breakfast with my two children when I lost my own home. So I just do not know what my rights are. I live in a 2 bed now and really need another two bed because my children stay with me often due to my disabilty. Phew and then of course there are my two dogs.

 

I need good advice before I fill this form in please.

[The GodMother]

just tell them u need to move due to personal saftey issues which your Hosing association is refusing to do anything about despite 10 years of reporting it to them and the police. If they really want to argue with you then i am sure your files will be very useful at this time.

 

yes HB will pay a reasonable amount towards your rent but above a certain amount, round here it is what the council charge for a property of the same size, then you would have to top up.

please remember i am going on what happens where i live it may be different for you and your area.

[london NW]

OK so I could top up with the money I get from DLA and IS but the question is will Housing benefit pay as they are already paing for the flat I am not living in? I could just clear the place out and return the keys then I would be rid of the bloody HA altogether but what happens to my proof of eight years on the transfer list?

 

Octavia wrote this today

 

 

I was just about to contact you with regards to the management transfer application.

The application has been unsuccessful, london nw, I will be sending you a letter stating the reasons why it has been refused.

I am aware that you have sent me an email rentitled "Homeswap" which i will read and responsed to hopefully this afternoon.

Regards

[london NW]

My solicitor wrote this today

 

 

Once the JR letter is written it will give Westminster 14 working days to respond. I will apply for legal aid and then we will have to instruct a barrister to settle a claim for JR; the Judicial review means review by a judge of the decision which we consider is unreasonable- namely the failure of Westminster to accept and assess an application from you as a homeless person.

[london NW]

and received this today from MP

 

 

Please find attached the letter that Karen Buck received from Octavia Housing. I am so sorry to hear that you have been in hospital, this situation must be so hard for you. Karen will write again straight away to Octavia and insist that this problem cannot be allowed to continue. We will of course contact you again as soon as we receive a response.

Best wishes,

[The GodMother]

OK so I could top up with the money I get from DLA and IS but the question is will Housing benefit pay as they are already paing for the flat I am not living in? I could just clear the place out and return the keys then I would be rid of the bloody HA altogether but what happens to my proof of eight years on the transfer list?

 

HB will only pay for one place so u will need to decide where u want to live.

 

Its best u speak to your Solicitor re this if they are thinking of the Judicial review as that may harm ur case.

[london NW]

what do you mean harm the case?

[london NW]

When you say decide where you want to live, I don't care as long as it is safe. Basically would rather not be with Octavia anymore but if Westminster Council ain't going to house me then I would be happy renting something privately. If I can get a homeswap then that would be great too but don't think they will agree to that either. It will be interesting to see on what terms they have turned me down.

 

I said to my kids today that I am now taking all this personally, they said don't but I can't help it.

Edited January 9, 2009 by london NW

[The GodMother]

well the fact that you have gone off your own back and moved to safer accomadation this will mean that you no longer need housing and no longer need to be on the housing list.

 

As i said its best you speak to ur solicitor re this as it may harm ur case.

[The GodMother]

When you say decide where you want to live, I don't care as long as it is safe. Basically would rather not be with Octavia anymore but if Westminster Council ain't going to house me then I would be happy renting something privately. If I can get a homeswap then that would be great too but don't think they will agree to that either. It will be interesting to see on what terms they have turned me down.

 

I siad to my kids today that I am now taking all this personally. they said don't but I can't help it.

 

 

If you was to want to rent somewhere else then you could not live there claiming HB and expect HB to pay for you to live in ur current accomadation. That would cause just as many problems as u have now.

 

But B$ you do anymore peak to your solicitor as they will know more.

[london NW]

Right. Well I am now wanting to do things off my own back because I have done it by the book for too long now and got nowhere. I do not care about my tenancy or having a right to a council property if i can go and find something I like and rent it. I am never going to be in a position to buy, well never say never but you know what I mean.

 

Yes I will speak to my solicitor for the fact that I would hate him to waste his time taking to the court for rehousing when I rehoused myself this is true.

[london NW]

The reasons why I couldn't rent before was the fact that I would make myself intentionally homeless plus the fact Ihad and still have no money of my own right now for deposits or anything like that.

 

Right now the situation has changed drastically and have a good cause not wanting to live where I have been for the past 13 years. If I can get a private place paid for then that is what I want and sod the bloody Council or HA

[london NW]

I am definitly going to check this out tomorrow. I have been thinking for the last 5 mins that this IS WHAT I WANT to rent something privately. I do not want to be on a waiting list for another 10 years. What for? OMG they can all go to hell.

 

I have been waiting for this 10.000 left to me by a dear friend. If i had got the money by now this is what I would of done or maybe paid off the arrears that I don't owe. If I can get a loan and secure somewhere safe to live and HB will pay some of the rent than I am more than happy.

 

Of course I will not give up my fight to take all these people to court.

[jackieandwayne]

London NW, I am so sorry to hear of all this. I work as a Housing officer for a small association, and if I can help please let me know. Not too good on HB except I know they can be "fatherless persons". However, excellent record on ASB - I won't have it, and my tenants will not suffer it either. If it takes 4/5 coppers in the culprit's lounge to get this message through then that is what will happen! If it carries on I evict - no argument.

 

I'm afraid I would always advise my tenants to hang on to their assured tenancy at all costs (secure tenancy for council tenants). Its a valuable thing to have and why, on the face of it, should you be forced to give up your home because of the actions of others? These "others" need the punishment that should rightly be coming their way if they too are HA tenants. By allowing the campaign of harassment and threats against you to continue the HA are not perfoming their management function of allowing you to have "peaceful enjoyment of your home" - check your tenancy agreement, it should state this in there. This is so much worse as they have outright proof that one of their own tenants has broken into your home (police, court case). Go at them from another angle, you need to be assured that the guilty tenant has at the very least been served with Notice of Seeking Possession, (not been found guilty yet but they should do that to cover themselves in the event that she is). Don't be fobbed off with confidentiality issues - you have the right to know what they have done to protect you so long as you do not use this information in any other context. On being found guilty, they should evict and back that up if necessary with a 6 month injunction to keep the person away from you.

 

There will be at your local authority an Anti-Social Behaviour co-ordinator of some description, enrol them in your campaign, I'll bet you a pound to a dollar that person will already be aware of your neighbour if they are that bad and can help strengthen your case. You already have the police on your side - get to know your local beat officer personally.

 

Then go and see your local Shelter Office, the advice will be free, and people will then start to sit up and take notice when they start firing out missives to all and sundry - they will certainly help you with this HB problem. In particular, ask them if you can take the HA to Court. I think you can, on the grounds that they have breached their contract with you (TA) by not allowing you peaceful enjoyment of your home etc - they have done diddly squat to protect you, and they can't hide behind the fact that you have rent arrears either, they are not even allowed to stop essential repairs because you are in arrears and this is much more serious. (Quick note here to other readers - some LA's are getting around this repair/arrears thing, by introducing a "Gold Club" meaning if you pay your rent on the nail, don't get into arrears and keep a good home, you get a 5 star service and priority over those who are not so good - don't think its yet been tested in court yet.)

 

The HA will neither transfer you or allow you to do an exchange with another tenant whilst the account is in arrears, so, when it is shown that an error has been made, you have another go at them - this time they have caused your mental health problems, because of their mistake they have not transferred you to a safer property! They have forced you to live in fear alarm and distress for so many years - because they made an error! And now it has affected your health and you want to be compensated for that. They even caused you to feel the need to attempt to take your own life.

 

I wish you all the luck in the world - I know many tenants who have to live surrounded by the "mad and the bad" and I also know how awful it can make them feel. But regards this neighbour, you are in the right here and shouldn't have to give up your home, it should be the other way round - the neighbour leaves with assistance from the bailiff!

 

Hope this helps, advice from a different angle! I do understand that sometimes people do give up and walk away, but please don't, dig your heels in, put another hat on, and this hat says "I know my rights and i will damned well get them!" Think on, keep that assured tenancy, because when the HB is sorted out as I am sure it will be, you can then exchange your flat to anywhere in the UK you so desire!

[callumsgran]

Great post and advice, scales tickled

[CASA]

Thanks for the reply and yes you are right with what you say. I can find a private LL and pay the rent whislt the money last but of course then have the added problem of having to apply for housing benefit again and will that be allowed?

 

I think when on benefits people are allowed to have up to 16.000.

 

When I was asked by housing benefit whether I should have the rent myself or get it paid direct to Octavia, I said direct. Will never do that again if in the same position because of course I am not able to hold anything back now or even put the rent into an account whilst this is all going on. The LL are not suffering at all as they do get poaid every week and the only person who has lost through all this is myself.

 

I would like to know how much a private solicitor would charge in the first instance just to see if they felt I had a strong case and could win.

 

 

if you claim income support and are single you can have £6,000 over £6001 for every £250 you take £1.00 off your income support so if you have £10,000 there will be a reduction in your income support(i assume you also recive the disabiltiy premium as you have D.L.A) but you will still have an amount of Income support payable.

 

if you have any outstanding debts to agencies you can pay them these are seen as acceptable repaiyments by the D.W.P.

 

you can have up to £16,000 for housing and council tax benefit claims

[help me kick his butt]

Wow Jackieand Wayne, what an excellent post. If this does not boost Londonnw's moral, nothing will. x

[london NW]

Dear jackieandwayne

Thank you so much for your post it was extremely helpful, encouraging and enlighten.

When you wrote the bit about "peaceful enjoyment of your home" I laughed to myself and think you can understand how I feel everyday looking at the beautiful rainbow on posters in our flats with these words printed on them. Sick and Angry.

I know my tenancy agreement inside out and have every bloody glossy magazine they have printed. ( I have complained about that too!) and of course knew a long time ago they were useless and not supportive in any way. I have tried to see them in person to discuss arrears, emailed the accounts officer many times and spoken to my housing officer about it all. On going repairs of over two years just in not acceptable. Octavia Housing And Care I have advised them to omit the Care because it just ain’t there .

Neighbour is going to court 13th and I am sure I have seen somewhere amoungst my hundreds of emails one from Octavia saying that if found guilty they will evict also the bail conditions are she is not to come within a certain amount of distance from me. I still have to pass her on the stairs and her family, there are five of them plus other neighbours like her and one of me. I do not want to stay even if she is evicted and would like to live out of the area altogether.

I will contact the local authority Anti-Social Behaviour co-ordinator, Nobody has mentioned this before and will let you know. I did call Shelter over Christmas and they were very helpful. Took down details and made a note of my call but said could not give me any further advise as I already had a solicitor involved. My intention is to carry on and eventually take them to court for breach of contract in every possible way.

My mental state has really worsened under the conditions I have had to live in resulting in the fact that I am not returning.. I Have read many cases on Housing Ombudsman where when they are resolved the person is dead and any compensation which are awarded is nearer hundreds than thousands, gets passed on to their family.

This is the question right now I am homeless and need somewhere to live urgently. I cannot wait any longer for decisions to be made by HA and Council. What is the point in having a tenancy when they mean nothing. Do I have to wait longer and go to live on the streets or can I get some money to rent privately?

If only all housing officer were like you it honestly would not end up like this, I blame them for everything,

I will certainly keep you up dated and everyone else who has and continue to show concern, I am very grateful.

 

 

[london NW]

Just catching up on other posts. I agree butty that was an EXCELLENT POST. Thankyou so much again jackieandwayne.

 

Also thanks casa for the info on how much money I am allowed to keep whilst claiming Income Support and DLA.

 

I never have anywhere near that amount but there is the ten thousand coming soon. I pray.

Edited January 9, 2009 by london NW