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Suing a Social Landlord

13

Comments

  • MCBIRNIE25
    MCBIRNIE25 Posts: 555 Forumite
    Of course it is Richard, I can't magic the finance out of thin air though can I? My personal situation is such we need to sell/let, before we are in a position to do the same.
    I've no idea if the MP knows anyone at the Social Landlords.
  • MCBIRNIE25
    MCBIRNIE25 Posts: 555 Forumite
    That sounds great. As far as I'm aware Sefton COuncil don't offer such a scheme, but I shall investigate a little bit further.
  • MCBIRNIE25
    MCBIRNIE25 Posts: 555 Forumite
    I have checked and no they don't offer such a scheme sadly. It makes my blood boil that people can get away with behaving how they want. I am sure I read somewhere though that SOCIAL housing providers have a duty to act, and can be sued if they fail to act upon it.
  • Homeagain
    Homeagain Posts: 553 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    I think you may be right. I seem to recall that this type of clause i.e not to commit antisocial behaviour would be in the lease agreement. I received a letter from our landlord in the last property I rented saying something to the effect that the neighbours had complained about our loud behaviour etc etc. and that in terms of our lease we had to get our act together. In fact the letter had been incorrectly addressed to us and was meant for another of the landlord's properties. I was pretty livid at the time however I did check the lease and I do remember there was a specific clause relating to poor behaviour.
    I suppose that doesn't really help you but I do really sympathise, must be awful for you.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    I must stress at this point, that those clauses are in general very hard to prove. Anti-social behaviour is hard to prove at the best of times, and unless a court issues an asbo for example, it's impossible. Private landlords would struggle, and social landlords would just dig their heals in.

    You're right that these clauses exist, but it's not something which can be proven.

    Homeagain - your landlord is very silly for trying to enforce this, as what can he actually do (i know it wasnt for you in fact, but the point stands), he can't just throw you out, and now he has the hassle of evicting his tenant, getting no rent etc etc. Very silly, for some neighbours complaints. especially when that kind of thing can really rub people up the wrong way
  • sandsni
    sandsni Posts: 683 Forumite
    Apart from the noise, have they caused actual damage to your property or harm to you and your OH?
  • MCBIRNIE25
    MCBIRNIE25 Posts: 555 Forumite
    Hi, yes they have caused property damage.
    Some of this I have recorded on CCTV. Although most of it is intimidation towards my partner when I am out.
    The ASB can be proved, the police visits, letters of support form the police, the fact that we are number 1 on a list of vulnerable adults in our area proves this point I think.
  • ILW
    ILW Posts: 18,333 Forumite
    Have you tried just fronting these yobs?
  • Jasmina
    Jasmina Posts: 7 Forumite
    You need to go to a solicitors - if you go to victim support they will be able to direct you to the appropriate ones in your area
    in 2010 there was a ground breaking case Brumby V Octavia Housing in London.
    The high court found a social land lord 'adopts' asb if they fail to take reasonable action to stop it ( as in evicting perpetrators etc)

    There is plenty of information about this on google. It is a up hill struggle- but this case has made it a lot easier.
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