Rented flat sold with vacant possession.

slopemaster

Hi Zorz, I've sent you a PM

Zorz_2

An update on what happened since the last time I posted in this thread:

When I got to see the solicitor, I was very optimistic because -for once- I thought they would actually work on my behalf and I wouldn't need to second guess them or persuade them to do their job. Well, I was wrong! I won't go into much detail here, but they turned out to be rather indifferent and unprofessional.

I expected an answer from the council about my application. In the meantime, I worked and saved enough money to move to a proper place shortly before Christmas. Then I wrote to the council to notify them of my new address and the fact that I did not need any homelessness assistance anymore, but that I still expected them to prosecute the landlord and that in any case, they failed to meet their customer service standards.

I also wrote (more than once, and yes, I've retained proof of postage) to the letting agent, complaining that they lied to me about my deposit being protected and did not return it when I requested. To this day, they have not replied nor they have returned the deposit!

After the council ignored my letter too, I sent them a written complaint in January. This eventually triggered a reaction. They wrote back (albeit again late!) initially saying that they are dealing with my complaint and then afterwards, a more detailed letter with an apology and a timeframe on how my case will be examined.

We booked another appointment, where I explained again what happened, gave them a written statement (along with evidence that I had) and asked them to proceed with the case. They contacted the landlord to get his side of the story, who admitted most of my allegations thus corroborating my statement. This week I am expecting their decision on whether they will go ahead with my case!

Fingers crossed that they will, because essentially 2 authorities (the local Council and the police) have the powers to investigate these cases and the police are notoriously inept at doing that. And in my particular case, they are part of the problem, complicit in the eviction. The council does have prosecutorial discretion, but in practice if they will not deal with the case, nobody else will. I tried to make them realise that.

HB58

Thanks for the update. I am sorry that this state of affairs has still not been resolved and that no-one has actually taken any action on your behalf.

Zorz_2

The council was supposed to give me an asnwer last week. They didn't contact me so I called them today. My case worker said that they were waiting/trying to track down the PC to get a statement from her too. I gave them again her name and badge number (I had included them in my statement anyway) and the police station she's based in (literally less than 150 meters from the Borough's town hall!).

They will probably reach a decision after a week or two. I hope it will be the right one, but once again I am very unimpressed by their level of professionalism.:(

Zorz_2

While I'm waiting for the council's decision, I thought about giving another try with the lettings agent and send them a letter before action.

When the council contacted them recently, they said that their involvement with the tenancy has ended and that they have nothing to do with the case. However, for all intents and purposes they still have my money sitting in their bank account.

I wrote to them several times asking for my deposit back (and complained about not protecting it, not returning it and lying). So far, they haven't replied at all since last August. My last letter was this January.

To be honest, I didn't expect any response anyway. I did it in order to follow the complaints procedure of TPOS (they are a member).

Now I think about sending them a letter before action and see if this elicits a response. In the letter, I could ask for copies of any correspondence between them, the old LL and the new LL regarding the transfer of my deposit. Though, I guess that nothing like that happened and the LA found a nice opportunity to pocket the money.

I know that the new LL is even more responsible for my deposit, but I wanted the council to deal with him for this and everything else that he did. Regarding the LA, I guess that even if the council decides to prosecute the LL, they will not include the LA and I don't want them to get away.

Not only they are jointly liable but they are the ones who lied to me and who appear (by their own admission) to hold my money. Any ideas on how to write the letter? I've found several templates and examples already but my case is a bit more complicated. Do I have to just mention the documents (law, letters, etc) that I will base my potential claim against them or to enclose copies too?

Generally, does a letter before action have to have a very specific layout/content (just like a s21 notice for example) or it's more flexible?

ampersand

zorz - I cannot read and run.
I was closing down when I saw your Thread and ensuing chain of horrendous events[or deficiency of same].

May I suggest you insist that every person to whom you apply for help, or before whom you have a Hearing, MUST be obliged to read your Thread?

This will ensure that nothing of importance is omitted from consideration. Further, it is uncontaminated chronologically.

I'd like to think it must be a condition of you recognising any judiciary, council or legal representative or body, but don't know how effective legally this insistence might be.

Have to go out now, but will subscribe.

I think your staying power, attitude, clear reporting and uprightness are clear to anyone who reads here.

Stay the course and know you have support.
##############
I'd also say it is high time you interested local and national press in this.
Same course - this Thread has all the salient points.
Get onto The Guardian.
http://www.guardian.co.uk/society
-and this is the list of headings and writers under this umbrella:
On this site
Quick links
All today's SocietyGuardian content
Society A - Z
Society daily: news roundup
SocietyGuardian print pages
Sarah Boseley's global health blog
Patrick Butler's cuts blog
Joe Public blog
Multimedia
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Public manager
Clare in the Community
Clare Allan: It's my life
Peter Dawson: Dispensing truths
Carlene Firmin: Girl in the corner
Dawn Howley: Past caring
Mark Johnson: Inside out
Faisel Rahman: Hard to credit
Paul Rowlinson: Community service
Adoption diary: A father's story
Diary of a disability benefit claimant
Society keywords
Alcohol
Child protection
Disability
Drugs
Housing
Older people
Poverty
Prisons and probation
Public sector careers
Public sector cuts
Public services policy
Social enterprises
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Society A - Z
Society writers
Eric Allison
Alison Benjamin
Sarah Boseley
David Brindle
Patrick Butler
Denis Campbell
Tom Clark
Amelia Gentleman
Peter Hetherington
Amelia Hill
Erwin James
Randeep Ramesh
Alan Travis:

Copy your MP into all of this[Granted: they're all polishing their obsequy frocks atm]
##########
Yet another p.s. -
Impressive Homepage merely confirms your talents, zorz.
Take your c.v. and something of this with you to every meeting.
Why not?
Life can turn in peculiar ways.

Zorz_2

Thank you ampersand. Unfortunately though, reading something is not guarantee of comprehending it! Just like the solicitor, to whom I explained once in person and twice again in very detailed letters why my deposit was no longer protected, only to get a reply that "my deposit is protected so I do not have legal standing against the landlord" :shocked:

Meanwhile, my case worker from the council called again this week to say that they still haven't been able to contact the PC involved! That makes it now 4 weeks from the date they were supposed to reach a decision. And still counting...

Zorz_2

Here are some news about the non-news:

The last contact I had from the Council was in mid-April, around my previous post. At the time they still couldn't contact the PC involved. By the end of April I had enough, so I escalated the complaint to a Stage 2, by writing to the Executive Director of Housing. As always, I got a proof of postage for the letter. A few days later I made a follow-up phonecall to see if they did receive it. They hadn't, but they left a note on my case file to call me when they would get it.

Fast forward to today, when their deadline to respond elapsed. I called to the council again to ask what happened, and they still haven't got any record of it (thank God, I do!). As for the status of my case? They are still at the stage of trying to contact the PC. The person on the phone apologised, but he couldn't get any further information because my case worker is currently on holiday. He asked me to email them a copy of the last letter I sent (which I did and included the proof of postage) and promised to get back to me as soon they have any news. I now have the right to raise this to a stage 3 complaint, if they keep messing up.

The good news is that although the council still hasn't reached an formal decision (it's almost 3 months now since the last interview and 9 from the first one!), I was told unofficially that they may be willing to go ahead and prosecute my former scumlord!

Perseverance is the key word, as you can imagine.