application for re-housing rejected - would appreciate some advice

jasonwatkins

BitterAndTwisted wrote: »

Jason, I'm not certain but I think you might be confusing your own situation and a potential swap with vendors having to be candid about neighbour disputes to their buyers. Please double-check this.

I'm aware of that clause with regards to buying and selling houses and I know it doesn't apply to council flats and mutual exchanges.

My worries stem from a more basic level I guess. If there's a 1% chance of reprisals in any form, it's a chance I don't want to take. I look at someone like the father of a friend's ex-girlfriend, and he's the sort of person who would take legal action at the drop of a hat - he's got the time, the inclanation and he's certainly got the money.

Someone like that would almost certainly try and sue me if I neglected to tell him about the laminate flooring and the noise level.

The laminate flooring was actually installed by the previous tenant upstairs before I even moved in so there was really nothing i could do about it.

mumcoll wrote: »

Or someone, like yourself, who only needed to move for the support, you would apply only for social. Hope this makes sense!

It makes perfect sense, thankyou

I'm really not aware of any kind of social panel, but it's something i'll definitely look in to.

BitterAndTwisted

jasonwatkins wrote: »

My worries stem from a more basic level I guess. If there's a 1% chance of reprisals in any form, it's a chance I don't want to take. I look at someone like the father of a friend's ex-girlfriend, and he's the sort of person who would take legal action at the drop of a hat - he's got the time, the inclination and he's certainly got the money.

Someone like that would almost certainly try and sue me if I neglected to tell him about the laminate flooring and the noise level.

The laminate flooring was actually installed by the previous tenant upstairs before I even moved in so there was really nothing i could do about it.

I suspect your worries may be unfounded and suggest you definitely research whatever your responsibilities might be in a swap before rejecting the possibility out of hand.

Despite whatever a person might be like I suspect that most people in a LA rental would not have the time, inclination or the money to pursue you in court on the basis that you misrepresented or were not candid with the truth about the flat.

Have you checked you tenancy agreement about the laminate-flooring? I'm almost certain that I could raise a complaint even if my upstairs neighbours had put down the laminate before the current occupants moved in and before I took up my own tenancy.

My own feeling is that you might be putting obstacles in the way which are not really there because of your frame of mind rather than the reality of the situation.

There is no easy way to get what you think you want and no-one will help you except yourself.

jasonwatkins

BitterAndTwisted wrote: »

There is no easy way to get what you think you want and no-one will help you except yourself.

You of course right, but the main issue with her upstairs is more the person she is and the company she keeps.

To kind of summarise to prevent the thread going off on a tangent, she's the sort of youngster who associates with 'bad boys'. Most of the people she associates with are known to the local police and i've lost count of the number of raids we've had in this building.

Windows have been broken and doors have been kicked in - by the police and by some of her "friends".

The lobby of this building has a near permanent smell of marijuana and that's not even because one of the local gangs decided to use our lobby as a hang-out spot recently.

I live here on my own and my nearest family, as i've said in this thread, is an hour away so I am not going to get involved with anything that could potentially put me on someone's radar.

sammyjammy

You kind of intimate in your posts that you've not made a complaint to the council yourself, is that correct? As suggested above you need to keep a diary of "events", all of this will, along with the raids, help the council evict her.

As someone who also ahs a noisy neighbour (albeit next door not above me) you do need to be aware that some people aren't so sensitive to noise, when my neighbour plays music at 4am it drives me to distraction but when others stay at my house they don't even hear it, just bear that in mind when you think about a transfer.

BitterAndTwisted

Speak to your LA's Anti-Social Behaviour Unit. I understand that you can speak them in confidence and even anonymously. There could be any number of your fellow-tenants who are also sick to the back-teeth of having to share there building with stupid, selfish, criminal ant-social idiots but unless you speak to them you will never know who might be prepared to put their head above the parapet. Until somebody, somewhere does something nothing will ever change, save your charming neighbour getting arrested and hopefully charged and convicted.

Keep a diary of everything

jasonwatkins

sammyjammy wrote: »

You kind of intimate in your posts that you've not made a complaint to the council yourself, is that correct?

That's correct. I will not be getting involved with the council in any aspect with regards to her.

As I understand it - albeit largely through hearsay - the main person who has complained about the noise is the pensioner who lives next door to me.

I found this online actually - recorded last year on my mobile, but it's a good example of what I have to put up with all day, every day. You'll have to turn the volume up to full on your speakers though since the recording quality is pretty dire - there's a screeching sort of sound there as well well which I think is just the speaker on my old phone. I sat on my settee, held my phone in the air and pressed 'record' to get this.

http://s79.photobucket.com/albums/j145/jasonwatkins/?action=view&current=2009-05-07_2255.flv

BitterAndTwisted

I reckon that next-door neighbour has massive cojones. I would like to meet them, preferably in a dark alley with them watching my back. Do you ever talk to your neighbours?

gemini24

LAMINATE FLOORING. This is ONLY allowed in LA housing with written consent of the housing dept. Ordinarily, when one tenant moves out, the voids team would have removed it before when getting the property ready for the incoming tenant.

Do you know for definite it is laminate? Many tenants cannot afford carpeting and live with bare floors throughout. If it is, speak your housing officer for confirmation this tenant has permission but tell them you do not want the tenant being informed it was you who made the complaint. If no permission, see if the officer can pay the tenant a passing visit as they may just happen to note the laminate during the visit.

NOISE and ASB. Your housing officer should be made aware of the problems and if they are already, should be working with Environ Hlth in an attempt to stop it. Your officer should be the one giving you complaint logging forms for your completion and you should then return them to the officer. THESE FORMS ARE CRUCIAL. ULTIMATELY A JUDGE WILL MAKE THE DECISION IF A TENANT IS TO BE EVICTED AND WITHOUT PROOF IT WILL NOT HAPPEN - I CANNOT STRESS THIS ENOUGH.

MOVING. As posted previously, it is unlikely you will meet the criteria for a transfer within your authority or to another but never say never. If you go for along the swap route, you would well be swapping one bad neighbour for another. Everyone has different reasons for moving and many are not honest in their spoken reasons to the potential swapee but if you are moving to another area, potential issues with neighbours are difficult to uncover.

Many local swaps often fall through once a swapper finds out more about neighbours in the area.

BitterAndTwisted

Jason has already stated that he "will not be getting involved with the council in any aspect with regards to her". Therefore I believe he is stuck in an unfavourable situation which he is powerless to change. Unless some miracle happens or his neighbour with the massive cojones does something on his behalf

gemini24

Jason does not have to be the 'face' of any complaint. That is the job of his housing officer and I'm trying to give him the correct advice to get these problems sorted. He would though, need support of the other neighbours as the usual response from a troublesome tenant is that any complainants are just as bad. If tenants complain collectively, this argument can be blown out of the water.

Many tenants suffering in this way do not know the correct way to get problems rectified but, done, correctly, may not eradicate the problems completely, but may bring him a bit more peace and quiet.

A social landlord can not be in all places at all times so must rely on tenants providing factual information. If the complainant feels the landlord has done nothing to resolve their issues, that is the time to involve area councillors and/or MP.

In social housing, flats are often not a good place to be as they tend to be a dumping ground for alcoholics, drug addicts etc etc. Unfortunately, these tenants often attract their undesirable friends and all hell can break loose.

Jason, don't give up. Ultimately, its up to you how/if you proceed. But, if you do nothing, its unlikely to get any better.