Seeking Possesion Notice Advice PLS.

kev1n3

wrangler5 wrote: »

So that's a 'yes' then? :rotfl:

Yes lol...

squinty

kev1n3 wrote: »

Great point. [FONT=&quot]Could it be argued the NOSP is there way of informing me of what behaviour is causing the nuisance? [/FONT]

Not according thier guidance (if I have the right council !!) which describes the circumstances when a NoSP is served:

" A notice may be served on a tenant where there is clear evidence that they are:

• [FONT=&quot]In breach of their tenancy agreement,[/FONT]

[FONT=&quot]Or that they or someone visiting or living with them is:[/FONT]

• [FONT=&quot]Causing a nuisance or annoyance to neighbours, or behaving in a way that is likely to cause a nuisance.[/FONT]

[FONT=&quot]Using the premises for immoral or illegal purposes[/FONT]

• [FONT=&quot]Committing an arrestable offence in or near the home [/FONT]

[FONT=&quot]And [/FONT]

[FONT=&quot]The case is sufficiently serious to warrant immediate action"[/FONT]

The details in the Notice do not meet any definition of serious

[FONT=&quot]"Or[/FONT]

[FONT=&quot]Attempts to persuade the perpetrator to change their behaviour or comply with the tenancy agreements have failed."[/FONT]

Yet you say there has been no previous contact.

The council do not seem to have followed thier own policy so you are fully entitled to make a complaint.

(I've messed up the formatting, but hope this is clear)

kev1n3

squinty wrote: »

Not according thier guidance (if I have the right council !!) which describes the circumstances when a NoSP is served:

" A notice may be served on a tenant where there is clear evidence that they are:

• [FONT=&quot]In breach of their tenancy agreement,[/FONT]

[FONT=&quot]Or that they or someone visiting or living with them is:[/FONT]

• [FONT=&quot]Causing a nuisance or annoyance to neighbours, or behaving in a way that is likely to cause a nuisance.[/FONT]

[FONT=&quot]Using the premises for immoral or illegal purposes[/FONT]

• [FONT=&quot]Committing an arrestable offence in or near the home [/FONT]

[FONT=&quot]And [/FONT]

[FONT=&quot]The case is sufficiently serious to warrant immediate action"[/FONT]

The details in the Notice do not meet any definition of serious

[FONT=&quot]"Or[/FONT]

[FONT=&quot]Attempts to persuade the perpetrator to change their behaviour or comply with the tenancy agreements have failed."[/FONT]

Yet you say there has been no previous contact.

The council do not seem to have followed thier own policy so you are fully entitled to make a complaint.

(I've messed up the formatting, but hope this is clear)

No... there has been NO previous contact whatsoever

blckbrd

Hhhmm.... OP, with all due respect and this is merely my jaded observation, you seem to use 300 words when 2 will do. While you may think you're giving a full expanation other's may think you're being slippery.

Tell it simply. Tell it straight. Sermon over - mine not yours.

You may find it useful to ask for access to documentation held by the council in relation to your tenancy. There may be more of a history to the nosp than you are awareof/will admit to. It may require a DSA request and your taking a couple of hours off work to go into the housing office but I think it may be helpful to you.

squinty

Sorry, my last post was unclear.

The councils policy says that there are two circumstances where a notice can be served.

Either in very serious cases, or when ASB persists after attempts to resolve this have failed.

Niether of these appear to apply in this case.

Moreover, the councils guidance says that a notice must give detailed specifics (the examples shown suggest that they should tell you the date and time of any incidents. This has not happened.

As the council have not followed thier own policy you should make a formal complaint. This will be looked at by someone other than the person who issued the notice.

Given the situation with your neighbour there is always the chance that other accusations could be made, and the council escalate this and end up in court. If you make this complaint formal you can get your point of view across, and make sure the council understand this may be part of a wider, long running issue.

Unfortunately in some cases councils tend to listen to the person who contacts them first, rather than take a more balanced view

It may also be helpful if you could make it clear that you want this issue brought to an end. For example, you could suggest mediation or similar.

Also request further information on the complaint as per my earlier post.

I hope this is of use. Please let us know what their reponse is to this complaint.

princeofpounds

Point taken wrangler but we can only offer advice on what is in front of us, and if he offers the wrong inormation it is his own problem if he gets the wrong advice!

Besides, it's impossible for him to prove his 'innocence' on a web forum (esp when he doesn't know what the accusation is) and impossible for us to investigate it.

So I agree it would be helpful if they were more open but im not sure how much it changes. If they are causing problems then the notice will stand, or be reissued sooner or later.

Whilst those sounds like potential source incidents they aren't that out of the ordinary for living in city flats, and IIRC one was a long time ago. The OP hasn't helped themselves and I share the uneasy impression but what are we supposed to do except say "if you are being bad, stop it?!"

kev1n3

[FONT=&quot]

wrangler5 wrote: »

there has indeed been a very long history of multiple confrontations between himself & other residents in the block which could be construed as aggressive/confrontational

A very long history of multiple confrontations? A little OTT .
The facts are - One confrontation with a resident 4 years ago and one verble comment OF FACT in self defence to another a few weeks ago.

wrangler5 wrote: »

There could possibly have been numerous complaints made about him by other people which has now finally led to a notice of repossession being issued

There is no reason why multipul residents would make complaints about me, I'm hardly at home and keep myself to myself. I only say hello to others in passing.

wrangler5 wrote: »

How many other incidents might he be conveniently forgetting to tell us?

None.

wrangler5 wrote: »

Personally i think there is a lot more to this than we are being told

Yes i agree.

wrangler5 wrote: »

& the OP's reluctance to answer simple questions only adds to my suspicions. I mean come on, he wanted to go to bed first to 'think' about how to answer that question? Getting his story straight perchance?

Wow, you have some imagination.

Please take some good advice. Allow this to progress. I have no hidden agend'as, this is what it is.

Thank you for your contribution [/FONT]

kev1n3

squinty wrote: »

Sorry, my last post was unclear.

The councils policy says that there are two circumstances where a notice can be served.

Either in very serious cases, or when ASB persists after attempts to resolve this have failed.

Niether of these appear to apply in this case.

Moreover, the councils guidance says that a notice must give detailed specifics (the examples shown suggest that they should tell you the date and time of any incidents. This has not happened.

As the council have not followed thier own policy you should make a formal complaint. This will be looked at by someone other than the person who issued the notice.

Given the situation with your neighbour there is always the chance that other accusations could be made, and the council escalate this and end up in court. If you make this complaint formal you can get your point of view across, and make sure the council understand this may be part of a wider, long running issue.

Unfortunately in some cases councils tend to listen to the person who contacts them first, rather than take a more balanced view

It may also be helpful if you could make it clear that you want this issue brought to an end. For example, you could suggest mediation or similar.

Also request further information on the complaint as per my earlier post.

I hope this is of use. Please let us know what their reponse is to this complaint.

Thanks for your excellent advise. I'm going to be putting a letter of complaint together over the weekend ready to be posted by SD on Monday.

kev1n3

[FONT=&quot]Just to keep the thread updated.[/FONT]

[FONT=&quot]Today i received a letter from the council that could be related to the NoSP.[/FONT]

[FONT=&quot]I have been on the council transfer list for over 2 years on a cat B priority. They have now downgraded me to a Category C.[/FONT]
[FONT=&quot]I was excepted for a transfer 2 years ago because i wanted to be closer to both my children and 2 Grandchildren who live on the other side of town. Also i was attacked, beaten up and robbed by two (what i thought to be) ‘Smack heads’ in my street at 10am in the morning and haven’t felt safe living in this area since. During the two years of being on the waiting list i have applied for 6 properties without success. Today’s letter reads that my neighbourhood manager recommended that i be downgraded because more evidence is needed to justify me being a Cat B priority. [/FONT]
[FONT=&quot]I haven’t quite worked out why it has taken them 2 years to decide that i am in the wrong category, but it’s going to be interesting figuring out how to find out. [/FONT]

[FONT=&quot]There is something else that is bothering me that i mentioned in my first post. [/FONT]

[FONT=&quot]There could be a possibility this is a revenge thing by the council because the Ombudsman’s investigations into the Bins and boxes issue found against them. [/FONT]
[FONT=&quot]The person that warned me this is likely to happen is someone who has many years experience at the Council and has first hand insight to the mentality and working of the way they runs things. Although I was warned (but thought it unlikely) I didn’t believe the council would take such an approach and dismissed it completely at that time. I have just been reading over my correspondence with the person and can only think that this is what is happening, especially because the info on the NoSP is almost none existent. His exact words were ‘[/FONT][FONT=&quot]Looking forward to the response you get Kev. But be careful, these people are likely to go after you’. [/FONT]

[FONT=&quot]Thanks for reading[/FONT]

VIGILANT22

By the sounds of it I would agree with yr friend....