ASB Repossession Sect 21 withdrawn !

[Prouty99]

Just in case anyone is interested, and just in case it helps anyone else, last week i got a Section 21 repossession withdrawn on a case i was working on, and to make it more difficult, the party i was supporting was accused of continuous alleged antisocial behaviour.

 

The person (of African origin) was being persecuted, and was on the receiving end of racist accusations from his white neighbours as they did not want 'any of his kind' in the block....(Welcome to 2013 !)

 

All of his neighbours filled out bogus anti social behaviour diaries accusing him of having his tv on loud, having parties, yadda yadda....in order to hound him out of the block.

 

The housing association gave him an ASB diary also to log any hassle from his neighbours, although English isn't his first language.

 

The weight of many ASB diaries, versus his empty diary left the housing association no option but to issue him with a section 21 eviction notice....

 

I represented in court, and argued that since his first language wasn't English, he couldn't understand the Section 21, or the ASB diary, or more importantly he couldn't read his original tenancy agreement signed over a year ago...,this called into question the validity of the whole tenancy, and the housing association procedure of not ensuring that the tenant understood what he was signing in the first place !

 

Case was adjourned, and within 24 hours of adjournment the housing association sent him a letter withdrawing the Section 21 on the grounds that the housing association had failed to follow its own anti social behaviour policy !

 

They then proceeded to give him a new 12 month assure tenancy agreement written exclusively in Lingala (his native language)

 

I guess this argument would also work for poor reading ability, learning difficulties, dyslexia ,etc

 

Earlier this afternoon i also got him out of paying bedroom tax by arguing that his 'box room' hadn't got a window, and as such it was not only a fire hazard (no egress), but also in breach of landlord minimum requirements for a habitable bedroom for rental purposes. The HA agreed, and re-designated the 2 bed into a 1 bed !

 

The local authority had no choice but to accept it as it formed part of his re-designated tenancy agreement.

 

I hope this stuff helps others out there

 

Regards

 

Prouty99

[stu007]

Hi Prouty99

 

Interesting reading that and as I was doing so all that went through my head was English aint there first language the HA have told them to do XZY but gave them advice and documents in English but pursue them through the courts.

 

Did they ever get an apology?

 

Are you thinking of a Formal Complaint to Chief Executive on this or have you probably done this?

[Prouty99]

Hi Prouty99

 

Interesting reading that and as I was doing so all that went through my head was English aint there first language the HA have told them to do XZY but gave them advice and documents in English but pursue them through the courts.

 

Did they ever get an apology?

 

Are you thinking of a Formal Complaint to Chief Executive on this or have you probably done this?

 

I was just glad that the section 21 was withdrawn, and overlooked the possibility of a formal complaint because this judgement, along with the re-designation, set the scene for the pre-planned end game.

 

Unknown to the HA, whilst i was researching the case prior to the judgement, i found an interesting item on the HA website which was an advert for an empty flat in the same block which was directly underneath the tenant's flat...

 

This flat was the same layout, same bedrooms, and same floor space, but more importantly was up for rent at £87.63 a week. The critical thing was that this flat was advertised as a 2 bedroom flat.

 

My person's rent is also £87.63 a week (as we already know his flat was re-designated as a 1 bedroom)

 

Today i have spoken to the HA and questioned why his 1 bedroom flat is the same rent as their advertised 2 bedroom flat ?

 

The HA has now reduced his rent by £10 a week

 

Checkmate;

 

Bedroom tax - Removed

Section 21 - Withdrawn

Rent - Lowered

 

Job done. I know this seems like taking a mile when offered an inch, but extreme behaviour needs to be met by an extreme response.