Seeking Possesion Notice Advice PLS.

kev1n3

Hi All.
I was wondering if anyone knowledgeable could advise me regarding a Seeking Possession Notice i have received from the council? Two weeks ago i came home from work to find a seeking possession notice hand delivered pushed thru my letterbox from the Council.

Apparently a resident who lives in the same block as i do has made an allegation of me being a security risk because apparently i have been propping open the front and rear security doors to the block.
This is completely and totally untrue. However the council has though it best to issue me a notice. I am the only person living in the block that works so I’m not at home for at least 10 hours a day 6 days a week. My accuser is a alcoholic who one minute is wheelchair bound and the next walking round the garden like he was a spring chicken.

When i received the notice i called the council to ask what is going on and why have they not contacted me to discuss this matter before taking this sort of action against me. They point-blank refused to talk to me about it. They just said that it was nothing to worry about if i kept my nose clean for a year. (easy for them to say)

There is no history of me ever doing this before over the last 8 years of living here infact i have a sqeeky clean record and my rent is well over £500 in credit. The resident that has made the allegation moved into the block only 4 weeks ago and I have never had any dealings or have ever spoken to him.

What is very baffling is, over the last 5 years i have had countless meeting with the Council and Police to better improve the area and block security because i have had many items stolen from the communal garden that i maintain at my own cost, Work ladders, mountain bike (padlocked to a wall) terracotta Plant pots, etc.

I am unable to take time off work to visit our local CAB or the money to pay a solicitor to get to the bottom of this.
Am i able to challenge the evidence independently of lawyers? Should i ask the Councils complaints dept to investigate? Should i contact the Ombudsman?

I think i have recently upset the council over a matter i asked to be investigated that went on for 9 months. They finally found that i was at fault because of my terminology in describing recycle BOXES as BINS. Feeling bullied by the council i asked the Ombudsman to investigate and he found the council to be wrong. So i am not sure if this is a retaliation thing.

Thanks for reading and any advice would me very warmly welcomed.

silvercar

On what grounds are they seeking possession?

These would need to be legal grounds for possession, not because the neighbour has made a complaint.

Respond in writing to create a trail.

kev1n3

Hi Silvercar.

The grounds stated on the notice are as follows;

1. You have been compromising the security of the block by propping open doors and the garden gate.
2. on various occations you have behaved in a confrontational and agressive manner towards other resodents in the block.
3. you have behaved in a very confrontational and agressive manner towards other residents and there visitors.
4. you have been shouting abuse in the comunal area's.

As i said previouly this is absolutly untrue. i leave home at 05.30 every morning and return home at 18.00. Do you know how i would i go about challenging the Councils evidence?

I have always corresponded with the council via email- as you mention, a trail is very importaint and has proved its worth on two previous occations.

Thanks. Kev

dopester

The notice.

Did it start with something like, 'You've been accused of:' , or, 'We have received allegations of: ?

kev1n3

No. It doesnt say anthing like that within the order or the cover letter.

princeofpounds

Going to bump this one.

Sounds nasty... I'm afraid I'm not an expert on council accomodation but we receive a complaint of this nature every so often. It seems a lot of councils and HAs send these notices even without investigation. I don't know why.

Maybe you can find some of the past threads with the search function? Might be hard to pinpoint.

In the meantime, don't be afraid to call shelter for free advice, and also contact your council housing dept in writing (more likely to get a serious response). Escalate to chief exec, councillor or MP as required. You deserve an answer.

I recall the last thread this happened when it eventually came to light the complaint was malicious the order was withdrawn and the complainer disciplined somehow (though this was a serial problem person and the council hadn't realised)

kev1n3

wrangler5 wrote: »

I can't help thinking there is more to this than you have told us. You don't just get a possession notice on a whim without there being any previous negative history with the Council. You alluded that you have caused a fair bit of aggro for 9 months with the Council over what on the surface sounds like a rather niggly issue, maybe they have had enough of you & the allegations against you were convenient?

I can assure you i have told you all there is. Yes i have had a run-in with them over some bins. They say they collected them but infact they hadnt. I made a fuss because the bins were left knocking around the street for 9 months. The kids would put them ontop of cars during the night doing all sorts of damage to residents cars. Is complaining a reason for them to find reson to evict me?

What i would realy like to know is how am i able to contest the evidence that instigated the Notice? I am not happy with waiting around for the person to make another complaint to instigate me being evicted.

The person who complained is lieing and somehow i need to prove it.

Thanks for your reply.

Kev

kev1n3

princeofpounds wrote: »

Going to bump this one.

It seems a lot of councils and HAs send these notices even without investigation. I don't know why.

Hi. Thanks for your reply. Should they investigate before issuing the Notice?

bitsandpieces

princeofpounds wrote: »

Going to bump this one.

Sounds nasty... I'm afraid I'm not an expert on council accomodation but we receive a complaint of this nature every so often. It seems a lot of councils and HAs send these notices even without investigation. I don't know why.

Aren't notices stating unproven accusations as fact potentially libellous? I'm not suggesting the OP sues (that is an expensive business!) but I am surprised that councils will take the risk.

kev1n3

bitsandpieces wrote: »

Aren't notices stating unproven accusations as fact potentially libellous? I'm not suggesting the OP sues (that is an expensive business!) but I am surprised that councils will take the risk.

Good Point. :T

princeofpounds

http://forums.moneysavingexpert.com/showthread.html?t=2288959&highlight=council+possession+neighbour+notice

think this link might work- copy/paste on mobile tricky! This is one of the previous examples, maybe it or the posters on it could help you.