Help - Eviction

[stu007]

Hi mashmallow

 

Which area of the country are you and even better which Council Housing.

 

Now the solicitor have they actually got the black spores tested?

 

Has the Councils Enviromental Health Team been informed and visited the property to investigate?

 

Have you made a Formal Complaint in writing to them before using solicitor?

 

Has the Council Housing informed you that if you exhast there complaint procedure you can take your complaint to the Housing Ombudsman?

[mashmallow]

Hi Stu,

 

Many thanks for your time and reply. I sent a complted form to the council in the very beginning and I obtained a reference number but no reply came back. My son told the solicitor that this was done and he totally ignored what my son said and he keeps on ignoring on what we say, his reply was "this has been done" but we have no record of this. No tests were carried out and still none the wiser. All the council did was fix the leaking pipe and rescreeded the bathroom floor.

 

My son is so fed up now with the whole situation he feels like giving up. We have now taken the owness on ourselves to put the property in good repair and especially after hearing what the solicitor has said it seems its a no go. We live in Dagenham and the council is barking and Dagenham council. All I want now is compensation for the stress they have caused me and also inconvenience of moving things back out of the bedsit in order to prevent further damage.

[stu007]

Hi

 

These PDF may be of use:

[mashmallow]

Stu,

 

Many many thanks, I know I am being a pain but I would like to send this info to the solicitor and see what he has to say about this? could you please send the attachments to my private e-mail please could you send me yours so i can return. I am having problems saving the attachments on my computer or please tell me how to do this.

 

I would appreciate your assistance.

 

Many thanks

 

Mashmallow

[stu007]

Hi mashmallow

 

these are the direct links to the PDFs some can be downloaded in MS Word:

 

The Secure Tenants of Local Housing Authorities (Right to Repair) Regulations 1994

www.legislation.gov.uk/uksi/1994/133/made

 

Communities and Local Government Repairs Guide

www.communities.gov.uk/publications/housing/repairsguide

 

Communities and Local Government A Better Deal for Tenants Your Right to repair

www.communities.gov.uk/documents/housing/pdf/138340.pdf

[caro]

I don't mean to be rude mashmallow, but stu is voluntarily offering you free advice and information which you can use yourself, and you want to pass it to a solicitor who will make money from it. Frankly if your solicitor isn't familiar with the information, then I think you're better off without him.

 

Why not read up the repairs guides, and if you can't get satisfaction from the council complain.

 

Have you contacted your local councillor? Many years ago I worked for a council, and if a councillor started asking questions, staff were quick to respond. Even more so if an MP got involved.

[stu007]

Hi

 

I have to agree with Caro and my concern here as well is that you employing the services of a Solicitor they should have already looked into these documents so in a way you are paying a solicitor but you are doing there job for them.

 

The other concern I have is in employing a solicitor if you have not already exhausted the councils complaints procedure before employing a solicitor and you wish to take it to the Housing Ombudsman your are only going to be told by them that you should have exhausted the councils complaints procedure first and your action of employing a solicitor has overridden that procedure without giving the council opportunity to respond.

 

Also check there website for anything to do with the following:

 

1. Complaints Procedure.

2. Repairs Procedure.

3. Right to repair.

4. Customer Care Standards/Charter

5. Check your Tenancy Agreement/Tenants Handbook for anything on Repairs.

 

One thing to remember with repairs when you report them they are suppose to tell you:

 

1. The repair priority - (as an example Emergeny, Urgent, Routine)

2. The Length of time to complete that repair.

3. If it require a Clerk of Work Inspection this should be explained as it will extend the time with tenants agreement.

4. If it is a Qualifying Repair Under the "Right to Repair" they should inform you of this and your right under the Right to Repair.

5. If they cannot complete a repair within the time limit they may extend the time limit but this must be done with the Tenants agreement and the Tenants being kept upto date until repair complete.

 

I would also ask the council for contact details of there insurance company and a claim form.

 

What does the Surveyers Independent Inspection report say the causes of the problem are?

[mashmallow]

I thank all of you that have advised me, I am a bit thick and have no clue of what to do. We did contact the MP Margaret Hodge who basically did nothing on this problem, I am beginning to think the solictor is out for one reason to make money. He gave the council 7 days to do a pressure test and just one item and this was about 15 days ago, have not heard nothing back from the solicitor.

The legal aid will run out and I know whats next he will say take it to a small claims court which he has said already after narly 2 years is there some one I can complain to about the solicitor leading us up the garden path? and wating our time and tax payers money to no avail. The surveyor that done the report was paid half by the council itself and half by the solisitors, there was numerous items pointed out to the council and to date nothing has been done.

 

After all this I can see it going to the small claims court. The solicitor even said if you take it to the small claims court he could assist should I ask him for all the paperwork sent back so my son can apply to the local court and tell him to go and junp off blackpool tower now rather than waste anymore time?

 

I am so grateful for all the input I have received and I have always contacted the CAG for various problems and I have so much trust and beliefe in them and also you kind people.

 

I thank you

 

Mashmallow

 

PS I am going to ask for a claim form now from the council and then consider court action myself

any further guidance on this would be grately appreciated

[stu007]

Hi mashmallow

 

What you really need to do is follow the Council Housings Complaints Procedure go through all STAGES and if still unsatified with the final outcome they should give you details to complaint to the Housing Ombudsman but you MUST complete all STAGES of the Complaints Procedure beforehand if not and you go direct to the Housing Ombudsman they will only refer you back to Council Housing to follow complaints procedure.

 

A tactic the council housing try to use in circumstances like this is to tell you to claim on your own house insurance but why should you as they legally have to have insurance and a compensation policy which could be called (this is only an example - Redress Policy or Exgratia Policy).

 

I really do not see why you had to pay for part of a survy to get done as this is council housing. I would be contacting the councils enviromental health team and getting them to do an inspection of the property as those black mold spores (now this is only depending on the type as you dont know that can be bad for health) and the way it is spreading throughout the property.

 

This may sound silly but please do a visual inspection of the property yourself and look for and holes in the walls inside and outside the property, on the outside look at the walls, drainpipes, drainage, gutters. (now dont climb anything just look for any damage, cracked pipes, water marks etc) yes you shouldnt have to do this but it may give a clue as to the damp.

 

As for who to report solicitor to I could not answer that question for you but others may assist.

 

Everything that I have advised you previous especially on looking at there website for documents is the way to go. You use the councils own documentation against them and take your time to read them and think to yourself did they do that in fact did they follow that procedure if not mark the section and us it against them when writing to them.

 

The problem you may have is that as you in a way by using a solicitor have by passed the complaints procedure it will now be getting dealt with by the councils Legal Team.

 

Now something to else to ask the council housing for since this has been going on from the move in date is for copies of:

 

1. Previous tenants termination march out report (minus that tenants personal information)

2. Copy of the Pre Inspection Report of Property before you moved in. (if none something to use against them as to why they did not carry this out and is this council housings policy and if so you require a copy of that policy)

3. Copy of the March In condition Report. ( this should have been done on day of signing tenancy agreement)

 

Havent asked this yet but are there any other properties that are effected the same way as your property?

 

I would try speaking to CAB or Shelter on this but get your local Councillor and MP involved.

 

This link from Law Society of England and Wales may be of use:

 

www.lawsociety.org.uk/

 

This PDF from the Law Society of England and Wales - Your Guide to using a Solicitor:

Edited November 4, 2012 by stu007

[mashmallow]

Thank you once again Stuart I will ask for these documents but I have a feeling because it has gone to their leagal department they may refuse. I will read all the documents you sent and I am going to ask for a claim form. It looks like the solicitor is not doing much more and funds will run out so looks like court action ourselves to get some redress on this issue.

 

I will keep you informed if you don't mind.

 

Many thanks

 

 

Mashmallow

[stu007]

Hi mashmallow

 

Just thought I'd pop in and see if you are any further forward with this yet?

[mashmallow]

Stu,

 

I spoke to the solicitor and bascially told him that all this has been wasted time he is going to speak to the barrister about compensation and will write to the council once again to chase up the disrepair. In the meantime we are thinking of taking this case to the small claims court but as this is still under the solicitors instruction not sure of where we stand. We have already done a damage form which the solicitor has got and apparently he said all proceedures have been followed. So really don't know what to do.

 

Like to know what you think, and by the way thanks for taking the time for your help.

 

Thanks

 

 

Mashmallow

[stu007]

Hi mashmallow

 

All the information you need has been posted in the thread for you to use.

 

The solicitor stating that the council have followed all procedure I would ask them for written not verbal confirmatrion to clarify as they have stated that the council have followed all procedures and for a list of those procedures followed.

 

I would also ask the solicitor for confirmation of there fields of experience as it does sound like housing aint there field.

 

What you really need to do is have a good think about the solicitor - are they doing there job?

 

If you have been having to pass info from here to the solicitors then you are doing there job that you are paying them to do.

 

Another way to see it is does the solicitor have the details of the housings insurance firm and if not why not.

[caro]

Spot on stu.

[mashmallow]

Thanks St007,

 

Once again for the information I am going to put forward these questions to him and also sending an e-mail to our MP once again. Apparently the solicitor said the barrister engaged has experience in this field and from the start we believed it now only to be told we might have to take it to the small claims court, this does not sound right.

 

Will let you know what the feedback is.

 

Thanks once again to you and the site team:-(

 

Mashmallow

[mashmallow]

Since my last posting the end result of all this is the council are not paying anything to me for all the damages and stress they have caused.

 

The solicitor said that he/she had carried out the relevant procedures it was all a waste of time and as far as I can see the only one who has come off winning is the solicitors,

what can I do now as I strongly feel this is not right.

 

I have asked the solicitors to send all the relevant paperwork back to me.

 

I really don't know what to do now.

 

I have had to call continuously only to be told, the solicitor was busy, the council solicitor was on holiday,

they could not get access to the property which is a total lie,

 

we have had 9 surveyors visits, plumbers, asbestos removal team, various leaks sorted out, the damp still exists, the property is still in disrepair,

not sufficient heating therefore creating me a £500 electric bill.

 

Also this really sounds doggy (the council and my solicitor paid half each towards getting an independent surveyors report) which was totally ignore.

 

My property was damaged and so is my health.

 

I cannot believe this has happened,

 

they have taken us for a ride and run with the money.

 

Apparently now you cannot take the council to court for disrepair??

 

Please can someone advise me on what can be done if anything?

 

Thanks

 

 

Mashmallow

[mashmallow]

I have posted a few threads on this subject and just wanted some advise on what to do next.

 

After two and a half years of pure stress from the council and solicitors dragging their heels,

my son called the solicitor to see what was going on and the solicitor said they are not agreeing to any damages etc.,

 

the solicitors did not send a letter or call, my mum contacted them and was advised they are not settling the claim because my son did not allow access

to a surveyor when he already told the solicitor all the works that were important with the disrepair were all done

and that he had enough and wanted to settle the claim.

 

Since moving into the property he had at least 7 surveyors, 4 plumbers, Housing manager, window fixers, floor tillers, asbestos removal people.

 

For this reason the claim has been disallowed and also, this is a total joke.

 

At one stage my son got so fed up with them when the asbestos men arrived was supposed to be 2 (one turned up see the other one was not there

got in his van and went without saying anything) apparently my son said to him jokingly, that he was going to take him hostage to make sure he done the work

and also check the fire backing for asbestos.

 

On the same day the tiler came round to replace the bathroom tiles and my son told him of all the occurances and he gave his opion as

"What do you expect that is how the council work", done his work had a coffee and went.

 

My son then rung the council back and asked what happened to the asbestos man

and was told he left because my son said he would make sure the work was done and words to the effect he would keep him there.

 

The solicitor knew of this and the council did not think this was just a matter of phase right or wrong,

made a mountain out of a mole hill.

 

Finally they did come back 2 of them one with the attitude and told my son just go in your room and let us do the work

my son question him to who he think he was ordering someone in their own home.

 

He left the property and the other guy continued and finished the work and told my son to calm down and that his workmate had an attitude problem.

 

This is why my claim has not been settled also one very important thing his solicitor and the council went half on paying a surveyor who done a full report to no avail.

 

I think personally the solicitors knew where this case was going even after saying it had merit and all that's come out of it the solicitors have made money out of my distress. Now I feel I want to take this further, he just needs to know if this is the case.

 

Many thanks

 

 

Mashmallow

Edited September 12, 2013 by dx100uk
line spacing - dx

[steampowered]

Solicitors will not push things forward by themselves. You cannot just sit back and let them deal with it. You have to give your solicitor instructions about what to do and what advice you require. You need to make sure you know what the deadlines are and what is going on with your case.

 

If you want something to happen you need to discuss your options with the solicitor and take action accordingly. Perhaps it would be helpful to go in and see your solicitor at their office to work out what the next step is.

[mashmallow]

Any advise would be appreciated. I have posted a previous thread under council flat nightmare but was not getting any feedback so started a new one. My son has been fighting the council for over 2 years now via a solicitor which apparently advised him that the case had merit and they could take the case on. After various visits from the councils tradesmen, officers, surveyors he has now been told the council are refusing settling the claim for damages etc., and his solicitor has closed the case. Legal aid was granted as my son is on benefit. She has sent all the paperwork back stating she will be sending the bill??? What can he do now, can he take it to a small claims court, the solicitor had put in for roughly £4000 disbursement and damages plus their cost. He does not know what settlement has been made between the council and the solicitor. Once again all for nothing.