Breach of tenancy, by a housing association

[madeingb]

hi all, and thanks for any advice in advance.

 

I've lived in a housing association house for 12 years.

10 weeks ago i received a kind of threatening letter instructing me that the boundary is to be moved and to move all of my belongings.

 

there was no consultation, and the housing association had been in negotiations with the private developer for a minimum of 7 weeks, without saying a word to me. and they ere running around in my garden without my knowledge measuring up.

 

housing association then said it has never been part of my garden.

 

but the boundary hasn't moved in 77 years,

1945 aerial photo shows boundary in the correct position.

1948 councils maps show boundary in the correct position.

2003 council maps given with the tenancy shows boundary in the correct position.

2003 council records confirm boundary in the correct position in.

2004 the maps used to sell the properties to housing association from council show the boundary in the correct place.

2004 land registry maps show boundary in the correct position.

2007 or 9 survey map of the plot, that has been given part of my garden shows the boundary in the correct position.

2009 the housing association entered my garden and measured up without my knowledge and confirmed the boundaries.

(housing association states they have never surveyed my property, emails confirm they did.)

2014 the housing association entered my garden and measured up again, without my knowledge, and came back with differing number.

satellite imagery shows the boundary in the correct position.

Photos show the boundary in the correct position.

 

The has been no proof provided in any shape or form that the boundary should be moved.

in fact the housing association now refuse to answer questions. or provide any proof.

or explain at what point in the last 77 years the boundary has ever been in the new possition.

the only thing that they have supplied is an unsigned lazer survey showing the boundary and the proposed move.

(supposedly done by a boundary specialist, but it isnt signed off)

 

to be honest, its a little confusing how it couldn't be part of my garden.

 

I signed a tenancy agreement for all that was offered, as accepted by both parties.

has the tenancy conditions changed under duress? (the threatening letter)

Breach of tenancy, because they failed to consult?

 

I have been informed that as i have the right to buy, they cannot asset strip my property.

as they are a registered charity, they cannot cut price sell property, at a guess that also includes giving it away.

 

would i be in my rights to withhold the rent until they properly address the problem?

what would be the next steps?

 

Its really strange having an 70 years plus old garden path leading into another property....

[citizenB]

I don't think withholding your rent would be a good move.

 

I will try and find someone to help.

[citizenB]

http://www.housing.org.uk/policy/regulation/

 

Would these people or your Local Authority be able to help ?

 

http://england.shelter.org.uk/get_advice/social_housing/housing_association_tenancies/complaints_about_housing_associations

 

Shelter might also be able to help - they appear to have a section dealing with complaints about Housing Associations.

 

Also, the Housing Ombudsman

 

https://www.gov.uk/government/organisations/housing-ombudsman

[citizenB]

http://www.housingadviceni.org/complaining-about-your-housing-association

 

There certainly appears to be quite a few places you can take your complaint to.

[*RainbowTears*]

I don't think withholding your rent would be a good move.

 

I will try and find someone to help.

 

I totally agree with CB.

 

As this will possibly place you in a worse position & you could face more issues.

[madeingb]

ive tried shelter and the cab, the housing advice center is for Northern Ireland, not sure it will apply here.

 

shelter said they cannot help, and CAB said it is beyond them...

ive contacted the local council to confirm the boundaries as sold and signed for in 2003 and 2004

 

I missed a bit of info from the OP.

 

in the deeds it in simple terms specifies that both boundaries to my home are my homes responsibility and the fence. a strange thing i know...

meaning where ever that original fence was put was eh correct place.

[mariner51]

It is possible if/when orig fence/wall was replaced, it was likely re-installed off line and laser measurement detected this.

Can you afford to get your own boundary survey? Worthwhile if you intend exercising Right to Buy.

[madeingb]

It is possible if/when orig fence/wall was replaced, it was likely re-installed off line and laser measurement detected this.

Can you afford to get your own boundary survey? Worthwhile if you intend exercising Right to Buy.

 

 

the fence was not quite put back in its correct place, but that was because it gave away ground to the other plot.

they already gave away part of my garden, but only a small margin.

this is all recorded in the council files.

 

ive spoken to two residents in the village, both of whom have lived here for over 66 years, both have stated the boundary has never been where it is now.

 

ill post a picture when i can get to 10 posts....

[madeingb]

not sure if the below will take you to the picture,

 

s1065.photobucket.com/user/chris_mack2/media/havent%20we%20got%20a%20problem_zpsblqyyhu3.jpg.html

 

you will need to remove the spaces from ht -ml and p roblem

Edited May 10, 2015 by madeingb

[citizenB]

It might be better if you were to convert your images to pdf format and upload them using the manage attachment links

[stu007]

Hi

 

Before I start Under NO CIRCUMSTANCES WITHHOLD YOUR RENT because as soon as you do this you are in Breach of your Tenancy Agreement with the Housing Association and I would never advise anyone to withhold rent in these circumstances as it weakens your complaint and opens you to further action by the Housing Association, so please don't withhold rent.

 

Now to start you need to put this in to the Housing Association in writing and to follow the Housing Associations Complaints Procedure, if you are still unhappy after completing the Complaints Procedure you can then complain to the Housing Ombudsman. (You must complete the Housing Associations Complaint Procedure before going to the Housing Ombudsman).

 

You have done well getting that evidence together on your property but still need more information from Housing Association (remember as a Formal Complaint)

 

So you also need to ask these:

 

1. When was the change to your Properties Boundary Approved by the Board? (I require a copy of the Board Minutes)

2. What is the Housing Association reason for the Boundary Change to your Property?

3. As the Boundary to the property has now change, this will also be a change to the Tenancy Agreement and the rent income for said property.

(i) What is the rent now proposed for this property due to the boundary change?

(ii) Clarification from the Housing Association that your Tenancy Agreement signed some years before they decided to recently change the properties boundaries has not changed your Tenancy Agreement.

4. Why the tenant of the property has never been informed of any proposed changes to the properties boundaries nor contractors entering the property to carry out this work on their behalf without the tenants knowledge.

 

You also require copies of the following:

 

1. Complaints Policy and Procedure.

2. Customer Care Standards/Policy.

3. Asset Management Strategy/Policy.

4. Procurement Strategy/Policy.

5. Rent Setting and Service Charge Policy.

 

Only put it in writing and ensure to keep a copy for your records, get free proof of posting from the post office (keep it with your copy together) you want to keep a good paper trail.