Seeking Possesion Notice Advice PLS.

kev1n3

princeofpounds wrote: »

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.

Thanks for your reply and the link. I found the thread Informative and from what i can gather the Council doesn’t have to investigate a complaint before issuing a Notice. How does that make any sense? How can they possibly have all the facts if they have not investigated or spoken with me? [FONT=&quot][/FONT]

squinty

kev1n3 wrote: »

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

The notice should give more information than this. It should say something like:

The landlord intends to seek possession in the grounds in schedule ? of the Housing Act 1985.

It should then list the actual grounds. It would be helpful if the OP could then provide details of these grounds.

The notice will then give particulars of these grounds. Again it would be helpful if the OP could provide these details.

The council should give specfic information in the particulars. It is not usually sufficient to say, for example, you have propped the doors open. It should gice you sufficient detail for you either accept or refute this. For example, include dates.

If the council have not provided this information, you should write to them to request further information from them - ie the details. Ask the Housing Officer to come to see you when you return from work

BitterAndTwisted

In view of the gravity of the situation I would recommend that you only deal with the council in writing on this subject from now on. Write to the Chief Housing Officer completely refuting any of the points in the letter and proposing that you believe the accusations must have been leveled at the wrong resident for the reasons you have already stated. If you've never left security doors propped open, behaved in a confrontational manner nor abused anyone then I would suggest that either they've got the house number wrong, the accusations against you have been made in error or have been made to cause mischief.

I really don't think this situation has its roots in anything you may have come into contact with the Council about in the past: that is really, really unlikely. All it needs is for the same person to level the same accusations again for the council to go ahead with this Possession Notice. It's pretty damned impossible to prove the absence of something and I wish you all the best.

kev1n3

squinty wrote: »

The notice should give more information than this. It should say something like:

The landlord intends to seek possession in the grounds in schedule ? of the Housing Act 1985.

It should then list the actual grounds. It would be helpful if the OP could then provide details of these grounds.

The notice will then give particulars of these grounds. Again it would be helpful if the OP could provide these details.

The council should give specfic information in the particulars. It is not usually sufficient to say, for example, you have propped the doors open. It should gice you sufficient detail for you either accept or refute this. For example, include dates.

If the council have not provided this information, you should write to them to request further information from them - ie the details. Ask the Housing Officer to come to see you when you return from work

Hi. I really appreciate your advice. [FONT=&quot]Iv'e scanned the Notice and deleted personal details.

Doc1
Doc2
Doc3
Doc4

Should i write to the Council and ask for more information?
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kev1n3

BitterAndTwisted wrote: »

In view of the gravity of the situation I would recommend that you only deal with the council in writing on this subject from now on. Write to the Chief Housing Officer completely refuting any of the points in the letter and proposing that you believe the accusations must have been leveled at the wrong resident for the reasons you have already stated. If you've never left security doors propped open, behaved in a confrontational manner nor abused anyone then I would suggest that either they've got the house number wrong, the accusations against you have been made in error or have been made to cause mischief.

I really don't think this situation has its roots in anything you may have come into contact with the Council about in the past: that is really, really unlikely. All it needs is for the same person to level the same accusations again for the council to go ahead with this Possession Notice. It's pretty damned impossible to prove the absence of something and I wish you all the best.

Thank you for your comments and support.

squinty

kev1n3 wrote: »

[FONT=&quot]

Should i write to the Council and ask for more information?
[/FONT]

Yes - and as soon as possible.

Something along the lines of "I have recently recieved a notice of seeking possession. This contains allegations against me that I refute. However, the information within the notice is not specific - I would appreciate if you couuld provide me with details of when I have supposedly breached the conditions of my tenancy. I hope there is no need to take further action, but I may need this information to consider any defence

Specifically please can you let me know the dates and times of when these events have supposedly happened and how they have had a detrimental impact on my neighbours.

Please provide this information in writing. However I would appreciate the opportunity to dicusss these allegations with a member of staff. I do work until xxpm, but would appreciate a visit after this time"

On a different note - that notice is a mess - the final page is just an extract from your tenancy agreement and not particulars of how the tenancy has supposedly been breached. Use of ground 2 seems OTT for the details you have posted here.

However, be aware that this is probably a genuine effort from the landlord to resolve an issue where they have received complaints. There is so much pressure put onto councils (especially following the Pilkington case) that they do need to be seen to be taking some action. Hopefully this can be resolved with a chat - but do confirm in writing.

tealady

Hi I would get things in writing for 2 reasons
1) This could be a malicious complainant
2) they have given the Council the wrong flat number
It happens.

dopester

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.

Not as I understand it, but I don't have little experience in that legal field.

It is usually, but not always,[1] a requirement that this claim be false and that the publication is communicated to someone other than the person defamed (the claimant).

http://en.wikipedia.org/wiki/Defamation

princeofpounds

How does that make any sense? How can they possibly have all the facts if they have not investigated or spoken with me?

I think the idea is that the notice has no force unless it is followed by court proceedings. So although it sounds very final and aggressive it doesn't really mean much in itslf. Of course there should be an investigation before such things are sent out, but often things just aren't done properly.

blckbrd

One of the problems with notices of seking possession (nosp) is that they last for a year.

If you were to do nothing, OP, your neighbour may continue to make complaints, be prepared to act as a witness and prod the council into taking legal action. Witnesses have a powerful impact in nuisance/anti-social behaviour cases.

Depending on how malicious/disturbed/relentless the neighbour is you may well find yourself in court. It doesn't take much to tip the balance of probabilities and even if judgement doesn't go against you, who wants that kind of stress?

As others have suggested, do try to get to the bottom of this now. Ask for a copy of the council's anti-social behaviour/nuisance policy/procedure and check if they are doing what it says on the tin. I'd certainly counterclaim harrassment/victimisation by the neighbour and expect the same level of 'threat' applied to the neighbour as to yourself.

Actually, I'm surprised you were told which neighbour complained. If you were the aggressive what-not that is claimed in the documentation you might well have paid a visit and delivered a hearty slap or four.

Talk of libel is all very high-minded but what ordinary person can afford to sue? I'd satisfy myself with a written apology from the Director of Housing and Chief Exec and hold my hand out for a 'gesture of good will'.

Good luck.