Yay more Fun - Housing Association Rental Repossession

[CleverClogs (RIP)]

Re: Yay more Fun

I do have a local housing officer but hes a bit of a prick in all fairness

Which bit?

[PlanB]

Re: Yay more Fun

unfortunately its not my solicitor but theirs that i've spoken too

Okay. Well if it's the housing association's own solicitor that you spoke to he can't advise you because he would have a conflict of interest so you will need to get independant legal advice either through the CAB or Shelter. Fingers crossed for you

[kilasuit]

Re: Yay more Fun

I feel that i may have a massive battle on my hands here because some of the "issues" are related to car parking and i've been victimised due to being the only HA tennant with 2 cars (or so i had until 16th)

Little bit of background info

We live in a block of flats which on signing the tenancy back july last year we were told that all the flats were to be ha tenants. load of bull as 3 out of the 6 were sold.

Anyway the 2 owners of the top 2 flats both have 2 cars and 1 allocated space.
I had a run in with 1 of the owners due to their brother parking in my space one day.
We as a collective of the block came to the conclusion that even though there was only the 1 space allocated to us all that there space for a further 3 cars without any obstruction to any other user of the car park.

Great problem solved. Or so i thought.

A few weeks or months went by and we received a few letters stating that we were only allowed 1 car park space and couldn't "make" our own spaces.

I argued that this was a unfair comment to make due to there being no restriction being placed on the 2 owners of the top flats. And then agreed reluctantly to park 1 car elsewhere for a short period of time.

I then had an issue where i locked the keys in the car so i broke the window (accidentally) and left a small amount of glass on the grass. I received a letter within 2 days and on the day i received this letter cleared the glass up. that was the last communication i received from them.

Until last Friday we get this letter declaring notice of repossession.

Now i'm gonna fight this all the way. What chance do i have of being able to force this decision to be reversed due to the above and also all the other recent going ons?

[Paul.]

Re: Yay more Fun

There was a case i read, about human rights in the context of housing

Heres a link, it may help

http://www.supremecourt.gov.uk/decid...essSummary.pdf

[Undercover Elsa]

Re: Yay more Fun

Hi Kilasuit,
Makes you wonder if the Landlord has a hidden agenda, eg another tenant lined up willing to pay higher rent.

What was does it actually say on the repossession notice? It should state which clause of your tenancy agreement you are alleged to have broken.

[kilasuit]

Re: Yay more Fun

Hi Kilasuit,
Makes you wonder if the Landlord has a hidden agenda, eg another tenant lined up willing to pay higher rent.

What was does it actually say on the repossession notice? It should state which clause of your tenancy agreement you are alleged to have broken.

We have been the victims of alot of Stupid complaints to the HA.

For example we have an allocated bin area but due to that being at the back of the property and there being no back door at all we used to have our bin by the front door.
One of the owners of the top flats complained about this to the HA, and we received a letter instructing us to move it.
Also due to us being on a starter tenancy we have had quarterly visits in which we had been told we need to paint due to scuff marks and my 2 year old drawing on the walls. I said repeatedly that once we had been here a year we would be looking to decorate.
Then we got loads of ASB complaints due tot he flat above us.
Then as a continuation to the ASB complaints about my cars.

tbh i was workin ridiculous hours from July until January so was hardly at home even whilst the missus was unwell and letting things like the tidying slip for a few days.

Also i doubt its due to wanting increased rent as they increased it in april whereas i was under the impression that due to us being on a 12 month starter tenancy it shouldnt have been increased.

[Paul.]

Re: Yay more Fun

is it a notice seeking possession issued under the housing act?

[kilasuit]

Re: Yay more Fun

Are there no rent arrears? I thought that was the reason for the possession order. In addition to Shelter you should also contact your local council and them you and your young family are about to be made unintentionally homeless.

I know the case of a private tenant with daughters age 17 & 20 who managed to stay another 8 months after receiving notice from her landlady even though she had arrears. Her first stop was the council offices. It pays to speak with as many people as possible and this is a time where being unemployed can work in your favour.

There are arrears but this was caused by there systems messing upand me having to forcefully cancel the direct debit due to them taking it a week early back in april. Funny thing is i told them to set the direct debit up for the following week on the phone to them to notify them of this problem so it cant be said that i purposefully am in arrears. and honestly think i should have an amount knocked off due to goodwill but that wont happen.

[kilasuit]

Re: Yay more Fun

Hi Kilasuit,
Makes you wonder if the Landlord has a hidden agenda

Well we notified them that we were unhappy in the property due to all the issues i've said and more. its just a farce.

things stand if we do get evicted that we will be intentionally homeless and therefore unable to claim help from our local council.

Good job i'm in bully mode cos if this had happened say in 6 months (or even 6months ago) i'd have been inclined to roll over and accept it.

[PlanB]

Re: Yay more Fun

Here is a brief description of your legal rights if you are on a *Starter* tenancy with a housing association and what you can do if you face repossession. Sadly the council will regard rent arrears as 'intentionally homeless' and refuse to re-house you unless you can demonstrate that these arrears were related to withholding rent due to repair (or other) issues and you say there are definitely other issues

http://england.shelter.org.uk/get_ad...rter_tenancies

[Paul.]

Re: Yay more Fun

There are arrears but this was caused by there systems messing upand me having to forcefully cancel the direct debit due to them taking it a week early back in april. Funny thing is i told them to set the direct debit up for the following week on the phone to them to notify them of this problem so it cant be said that i purposefully am in arrears. and honestly think i should have an amount knocked off due to goodwill but that wont happen.

read the link above, the arrears were £3k in that case and the court said no repo

[kilasuit]

Re: Yay more Fun

read the link above, the arrears were £3k in that case and the court said no repo

I did read it but missed the arrears totally.

I've been looking for a while to other HA propertys in the area and for what we have we are paying almost 15% more a week than for a slightly older but similar sized property

PLus we only took this place due to me having to argue with the councils housing options manager that the property they offered us was totally unrealistic due to damp and poor wiring through out.

[PlanB]

Re: Yay more Fun

read the link above, the arrears were £3k in that case and the court said no repo

And it was also only an Introductory tenancy

[PlanB]

Re: Yay more Fun

We have been the victims of alot of Stupid complaints to the HA.

Then we got loads of ASB complaints due tot he flat above us.
Then as a continuation to the ASB complaints about my cars.

Forgive me for asking but did any of those complaints result in an ASBO or has your family been the victim of bullying by your neighbours? You could raise a complaint with the HA over a number of these issues you've mentioned, and then if they don't back off the repossession you can refer your complaint to the Housing Ombudsman Service. I've checked and Marches is a member so doing this may help you.

http://www.housing-ombudsman.org.uk/...association&nm=

In the meantime I would talk to Shelter on their freephone Helpline 0808 800 4444 to get professional legal support

[kilasuit]

Re: Yay more Fun

Forgive me for asking but did any of those complaints result in an ASBO or has your family been the victim of bullying by your neighbours? You could raise a complaint with the HA over a number of these issues you've mentioned, and then if they don't back off the repossession you can refer your complaint to the Housing Ombudsman Service. I've checked and Marches is a member so doing this may help you.

http://www.housing-ombudsman.org.uk/...association&nm=

In the meantime I would talk to Shelter on their freephone Helpline 0808 800 4444 to get professional legal support

No none of them.

No real evidence to prove it was us. Just 2-3am flat above us fighting and wakes missus up whilst i'm at work she gets up turns light on goes out for fag. Houses across road assume it was us due to this.