Mum being threatened with eviction,help needed please.

mrsg2b

Hi Im a first time user so please bare with me!
My mum has been a tenant in her local authority housing for almost 18 years without any problems. Last year a young woman from a known criminal family moved next door to her and began a malicious hate campaign against my mum.
She has been attacked, spat at and abused by this woman, with police called on several occasions.
However this woman is calling the LHA weekly with complaints against my mum for noise. The Housing Officer is taking these complaints seriously, and without any actual proof, they are taking action.
She has received a notice of intent to apply for eviction, and previously was provided with a breakdown of why they are taking her to court (this was a list of dates and complaints, that it ALL they are basing the action on, this one persons complaints)
A lot of the dates were clearly lies as it has been when my mother has been visiting me 400 miles away and home was empty. Some of the complaints are pathetic (complaining that mum was swearing while having an argument on the phone in her own house, at 3pm on a weekday!)
Mum has recently received another letter stating there has been more complaints, however she has been in London so no chance. She contacted LHA by telephone and asked for when and what these complaints were. She was told they do not have to tell her anything by phone.
Mum has taken legal advise but does not qualify for legal aid. She has also seen CAB and they have basically told her to get a solicitor, they are not much help.
We are attempting to gain as much proof that
A) the LHA actions are unlawful as they have no evidence of anti social behaviour, just one persons complaints.
B)These complaints are unfounded and malicious.

Can anyone help with a letter we can send to LHA demanding to see what the most recent complaints are, Im guessing it would fall under the Data Protection Act?

This is causing so much stress to my mum its unreal. She is a 56 year old widow, who was previously a foster parent and adopted a child with disabilities. She keeps herself to herself, cared for the previous neighbour for years and has always been a model tenant. This hate campaign has brought on depression and anxiety.
Any help and advice other than go to a solicitor or CAB would be very much appreciated!!!

Voyager2002

The LHA has done nothing wrong, so you should be not seeking to confront them. They have received a high volume of complaints and obviously cannot ignore them.

You need to send the LHA a polite but business-like letter demonstrating that the complaints are fabrications. Use the list of complaints already provided to her, giving details of the dates when she was away from home at the time of the alleged noise. CAB should be able to help with a letter like this.

You mention that the police have attended several times to protect your mother against harassment. See if you can speak with any of the officers involved: they might take an interest in these false allegations.

pmlindyloo

Voyager2002 wrote: »

The LHA has done nothing wrong, so you should be not seeking to confront them. They have received a high volume of complaints and obviously cannot ignore them.

You need to send the LHA a polite but business-like letter demonstrating that the complaints are fabrications. Use the list of complaints already provided to her, giving details of the dates when she was away from home at the time of the alleged noise. CAB should be able to help with a letter like this.

You mention that the police have attended several times to protect your mother against harassment. See if you can speak with any of the officers involved: they might take an interest in these false allegations.

Another source of help - highly recommended:

http://england.shelter.org.uk/get_advice/advice_services_directory

mrsg2b

Thanks for your reply. There has been numerous meetings with LHA as well as written communication, showing proof of dates that she was away yet they are still taking action.

I cannot understand how they can take action without evidence? I understand they have to take all complaints seriously but surely they would have to provide proof of this noise before they go to court?

Police have said they can provide a copy of a call where the neighbour is clearly heard screaming threats and obscentities in the background, as well as a list of all calls made/attendances by police. However thats as far as they are willing to help as its a civil issue not a criminal one. They are too busy to deal with someone making complaints constantly.


Would it be Data Protection Act I would need to quote in a letter to LHA to get details of the most recent complaints and dates of alleged incidents? LHA have said they do not have to tell her anything over the phone?

ILW

If it goes to court with no evidence beyond hearsay, the case will be thrown out.

chewmylegoff

mrsg2b wrote: »

Hi Im a first time user so please bare with me!
My mum has been a tenant in her local authority housing for almost 18 years without any problems. Last year a young woman from a known criminal family moved next door to her and began a malicious hate campaign against my mum.
She has been attacked, spat at and abused by this woman, with police called on several occasions.
However this woman is calling the LHA weekly with complaints against my mum for noise. The Housing Officer is taking these complaints seriously, and without any actual proof, they are taking action.
She has received a notice of intent to apply for eviction, and previously was provided with a breakdown of why they are taking her to court (this was a list of dates and complaints, that it ALL they are basing the action on, this one persons complaints)
A lot of the dates were clearly lies as it has been when my mother has been visiting me 400 miles away and home was empty. Some of the complaints are pathetic (complaining that mum was swearing while having an argument on the phone in her own house, at 3pm on a weekday!)
Mum has recently received another letter stating there has been more complaints, however she has been in London so no chance. She contacted LHA by telephone and asked for when and what these complaints were. She was told they do not have to tell her anything by phone.
Mum has taken legal advise but does not qualify for legal aid. She has also seen CAB and they have basically told her to get a solicitor, they are not much help.
We are attempting to gain as much proof that
A) the LHA actions are unlawful as they have no evidence of anti social behaviour, just one persons complaints.
B)These complaints are unfounded and malicious.

Can anyone help with a letter we can send to LHA demanding to see what the most recent complaints are, Im guessing it would fall under the Data Protection Act?

This is causing so much stress to my mum its unreal. She is a 56 year old widow, who was previously a foster parent and adopted a child with disabilities. She keeps herself to herself, cared for the previous neighbour for years and has always been a model tenant. This hate campaign has brought on depression and anxiety.
Any help and advice other than go to a solicitor or CAB would be very much appreciated!!!

Yes, I think your mum should be able to make a DPA request (might as well do a FOIA request as well, but DPA more likely to succeed in my view) for information which the council are holding about her.

Also, what evidence do you have that your mum was not in the property at the time? Cash machine withdrawals on bank statements are handy proof that you were in a certain location at a certain time. Train tickets e.g. might also help. A signed statement from you if she was with you as well.

Just assemble all this in a logical order and write a covering letter summarising it in order to respond to the council. Edit: just read your second post - sounds like you have done this and it hasn't worked, so you may need to put this evidence before the court instead as it sounds like the council have not accepted it.

ILW's view that this will be kicked out of court if it is just hearsay evidence is not correct. If you do not rebutt the evidence then the court is not really going to be in a position to do anything other than accept what is in front of them. Hearsay evidence is admissible in court. However, reliable documentary evidence is likely to be given more weight if you can produce it.

If you provide clear evidence that your mum was not there when many of the complaints were made, then the case is much more likely to go away.

Edit again - are there other neighbours who could make a statement to the council that they have not experienced the issues which the complaints are about?

Out,_Vile_Jelly

I don't have any knowledge of this sort of situation, although I would have thought it's a major step for a LHA to start eviction proceedings, which suggests they are convinced by the evidence.

Is your mum able to rent privately? Surely she doesn't want to live near this vindictive woman.

Fire_Fox

Welcome! Firstly your mother should contact Environmental Health, they can mediate and can agree to record all these 'incidents' of noise. Secondly your mother should contact the police regarding the harassment. They may not wish to take action but get the complaint on record.

Thirdly all formal communication should be responded to in writing NOT by telephone. WRITE to the housing association urgently disputing the claims and asking for evidence, agreeing to fully cooperate with any investigation, listing one by one the incidents where she was not even in the house at the time and any evidence of that (travel tickets, bank statements showing cash withdrawals or use of petrol stations, signed statements from relatives and neighbours, mobile and landline phone records, anything and everything however small).

By all means send a data protection request, but you don't have time to wait for that, start formally disputing earlier 'incidents' NOW which should put doubt in the mind of the housing officer. Seek the support of the charity Shelter, your local MP, all your ward councilllors and your mother's GP. Do not demand or confront or suchlike because that gives credence to the complaints, you should be calm, upset, confused, frightened.

princeofpounds

Steps I would consider (don't know if these are optimal, but will give you an idea).

- make a formal complaint to the housing association. Then elevate that to something like the housing ombudsman if you don't get anywhere.
- involve your local councillor.
- get the police to elevate the harrassment to criminal levels if you can - this is easier if you have evidence of threats, especially involving violence (there is both a civil offence and a criminal offence of harrassment). They won't want to do this as it will count as a recorded crime, but it might be possible to push them.
- get your evidence and correponsdance together for court. EVERYTHING you have, ordered very neatly and logically.
- ask for advice on neighbours from hell forum

dancingfairy

I'd also start recording all incidents or violence/threats/swearing against her as well in a log as this may prove useful as well.
Are there any other neighbours that are being subject to abuse at all?
What a horrid situation.
df

mrsg2b

Thanks all for your very helpful replies.

Mum has been to the local MP who wrote to the council, after which the council became more insistent that they were taking action!

There are neighbours who would happily give statements to say they have had no problems, and another who has also been subjected to this womans vile abuse, but not the malicious complaints.

My mum has travel tickets and bank statements showing at some points of the complaints she wasn't in the region, I can also provide statements that I am not there.

I am sure her GP would also be happy to provide evidence of the psychological effects this is having on my mum.

They have NO evidence, just this one persons constant complaints. The previous list of "evidence" the LHA provided was just a list of the complaints this person has made. I thought if the noise was so bad then they would have a noise monitor??

My mum called Shelter who were really helpful, they have advised her to make an official complaint concerning the councils handling of this, as well as putting her in touch with a local aid centre who can give her some legal advice even though she isnt entitled to legal aid.

She has looked into renting privately but she would not be able to afford it. She is a full time carer to an adopted disabled child, and does not receive housing benefit. Rent in the local area is quite high (and she needs to stay local for her adopted child).

I feel completely hopeless in all this, especially as I live so far away, but I feel better now I can give her some great advice from this forum!xx