Major works opposition: Freeholder issuing injunction

Savealittlebit

I'd appreciate advice from anyone who has any understanding of injunctions or housing law.

I am in a housing dispute with my freeholder in what was once a council house. They gave notice of hitherto unmentioned major works last summer and started them 2 weeks ago on our estate. We have been billed 90% already (9k) with the remainder to follow upon completion. They also insist upon private electrical works concurrently within every home (likely to be £3k immediately, with the explicit red ink threat of being disconnected if its not done) plus next year, fire safety works (I have been told verbally £3k next financial year although they refuse to put that in writing) and redecoration (£1-2k, ditto). I am a single parent to a year-old baby and I am at my wits end. I have had to leave my much loved f/t job because they wouldn't find a way to let me leave in time to pick my baby up from nursery so I'm also trying to set up a self employed business (not breaking even so far).

I believe ( don't know for sure) that the freeholder realised at the last minute that forcing works through as they first intended wasn't strictly legal so in January leaseholders won a battle if not a war, having something more of a consultation process via a survey. However, leaseholders' views would never win out because the majority of households on the estate are still council tenants who are not paying but could vote so the whole thing was a pointless smokescreen.

I was at the forefront of this and got it in the local paper etc, and argued our case as best I could. I can't afford these works and even if I find a way to take on £15k debt in the interim, its not sustainable; one way or another it will put me out my home. I think the buzzword for it is 'social cleansing'. They just glibly say to go to a 'payment surgery' or see their recommended 'debt counsellor', and the head of the department told me outright I wouldn't be bankrupt because I could always sell my home - ahem and live where?

Of course out of 330 homes on the estate my home was one of the very first to be singled out as guinea pigs for this work. It feels vindictive.

I feel bullied and harassed. This is the latest in a long line of issues, some down to sheer incompetence. In the last maybe 4 years I have had water running down walls in two rooms which they took 18 months to see to, rat infestations in the grounds, a TV ariel for the block that cost nearly £6k, ongoing dumping on the grounds which leaseholders must pay for ( last year there were 67 separate instances) and the freeholder never makes any attempt to have stopped, no heating/water last december with a baby for 2 weeks over the refusing to rubber-stamp permission to fit a new boiler (which I paid for and organised) despite begging etc. I joked once that I think they have given me PTSD (ok not something you should joke about) but honestly the real visceral panic and upset and night sweats I feel having to deal with them again is feels like it really could be that.

I am vocal in my dispute and think their behaviour is indefensible. However I would never break the law to my knowledge. I've been trying to make my arguments just clever, and I think anything they do have from me in writing is feisty but well argued. I've never made threat, real or implied, against any person, or used derogatory swearwords to describe said person but yes I have been angry. I feel like they're making out I'm some sort of violent threatening lowlife; bracketing me with people who perpetrate domestic violence etc when I'm just trying to get a fair deal allowing me to live in my home of 13 years. Of course I am devastated to be in this situation and am often in tears and overwhelmed in their presence.

Last tuesday a woman came to my door wanting access to my flat later in the week. I didn't ever say she couldn't have access to the flat per se (and indeed waited in on the day she said she would come) but I did say it was a ridiculous expectation to have me pull out my kitchen appliances and/or the entire contents of a large walk-in hall cupboard singlehandedly at their behest - a logistical mess, massively time consuming and physically difficult, making it a health and safey issue for my child. I was distraught and in tears at the prospect and we argued over my having to do this. I did not issue any threats to anyone in any way or call her derogatory names.

I then received a threatening letter from another person within the company who I do not know saying if there are any more instances of my 'aggressive and abusive' behaviour they would take legal action. They said they had witnesses even though she was standing there by herself. They've refused to give examples of what I'm supposed to have done so I can't defend myself.

I emailed immediately requesting clarification and then again late afternoon so I didn't have to worry about it over the weekend. No answer came. I emailed again on tuesday, asking for clarification of what I'm being accused of, the process and telling them I feel bullied. The most rude thing i said in my letter was that their missive had been supercilious and bullying. Again no response until this morning when I got a hand delivered formal letter dated monday 6th telling me that an injunction was now being taken out against me since I have not ceased my abusive and aggressive behaviour, despite this being the only contact since the previous letter!. They also demand access to my home on a specific date/time, and any other multiple days/times they want from there on in, or they will also take an entirely separate injunction out about that too, despite the fact I'm trying to work to pay their overwhelming bills (and have travel booked to visit family later in the month). I understand they can access the flat in exceptional circumstances and unfortunately know I can't stop the work overall, so accept it is pointless to try to stop them do this - however how can they threaten an injunction in such a bullying way when this one occasion was the one and only conversation requesting access? Surely there should be a clear pattern of repeated refusal before even imagining threatening such tools as an injunction?

I need to know what happens now because they have just left me stewing. I am terrified to raise objections or argue my case as they have now said they are getting injunction and since I don't think its justified, I have no idea what they're using against me, where is the red line? I am frightened to say anything, even though they have obviously now kicked it out the ball park with regards to unreasonable behaviour. But of course thats exactly their intention, to silence dissent. Its draconian.

Would this injunction be searchable under my name? I think it is tantamount to defamation.

Moreover I am absolutely terrified I will be made to pay costs that could ruin me. I can't afford to pay my own costs in a legal fight let alone theirs. I am sure they will be favoured to set precedent.

Obviously they are an arms length organisation and in reality part of the council so their word will be taken over mine. And when you read what they say it sounds like I have been full-on harassing them. when in reality I much prefer to deal in emails as they are an evidence trail (thank god). Any other contact has been instigated by them (attending public meetings is the only way to question the bills, despite multiple requests to have everything in writing ) and/or when I'm absolutely forced by their actions - a handful of times maximum over the course of a horrible year. Obviously there has been no police involvement ever, because the police would just laugh in their face or tell them off for wasting their time.

I can't afford to get a lawyer so will have to defend myself. And because I didn't know I was doing anything with such massive repercussions in the first place, and because they have gone against their letter of last week, escalating it without further action from me, there's no way to guess what could/would cause a breach down the line. Upshot? I will be in fear the whole time I live in this property, who knows what would warrant a criminal charge at that time?
What I ring up about the bins not being emptied and suddenly I'm in breach and I'm facing jail time? I feel like I'm being purposefully broken.

I just want to be left alone in my own bought home to enjoy my wonderful baby. And they have just ruined that special time, I am at my wits end. Plus every day there's drilling a foot away from my front door and/or digging up the pavement outside my window, its always in my face, and inescapable. They've bussed all the workmen in from the other end of England which makes me wonder how much over the odds am I paying to make their day rate worthwhile. But if I ask those questions does that constitute being aggressive now?

All they are saying is I have been previously warned before over 'language' (I was angry when when it was snowing outside and their bureaucracy was the sole reason my baby and I were without a boiler/heating for two weeks, but saying they didn't like 'language' and giving formal notice threatening injunction are two separate things, even the recent obvious threat just pompously said 'legal action'.

Surely an organisation such as theirs should have a clear and published process of how they would/should take action if an individual's behaviour is really so 'bad'?

Yet they have carte blanche it seems to make my life a living hell. As long as their threats against me are veiled behind veneer of politeness/just ignoring or stonewalling us its ok. They can ruin me with impunity, it seems.

I'm overwhelmed that standing at the threshold of my own home, never crossing it, but reacting to someone making such unreasonable requests can lead this far.

Sorry its such a long post and thank you to anyone who's read this far I appreciate it. Sorry if bits are disjointed. If anyone can suggest where I can go for help I'd appreciate it. The leasehold advisory service and Citizen's Advice have been no use and I don't live in an area with a law centre in it so I am on my own so far.

katsu

I didn't want to read and run. Any local university that teaches law and maybe can have final year students offering some advice?

moneyistooshorttomention

Possibly starting with the Protection from Harassment Act 1997 - re the threats every time OP opens her mouth to say anything by the sound of it. As I am wondering whether that Act would apply in these circumstances.

Personally, I don't agree with RTB being used to buy what one has - but, having said that, they should not be going in for harassment of OP and it does rather sound as if they are from what she says.

Think I would be inclined to reach for my nearest local Councillor to get onto them to cease the harassment.

PlutoinCapricorn

Did you know about this site?

http://www.lease-advice.org/

Savealittlebit

thank you very very much. I will look into all. I really don't agree with right to buy either to be fair but my flat was bought through an estate agent on the open market. No 'discount' here!

silvercar

Contact your local councillor and MP.

chanz4

too long to read

Conrad

You have no chance and are liable under the lease terms you agreed to when you bought the place.
Stop fighting the world, it will do you no good.
Try and find a way of going with this, or sell up - it's no argument at all to say 'but where will I live' as this is simply your concern I'm afraid, no one elses.

I know you want to hear people that agree with you, but this is a false comfort, those people just want to make you feel better without seeing the bigger picture. Like when people side with tier divorcing friend against the ex.

If you cannot pay then you will end up with bad credit and would have to reach an agreement such as paying a small amount per month.

You say your employer would not find a way to accommodate your nursery needs, but again this is quite a self pitying way of thinking. What about the impacts on your customers / other staff? Life is grey, not black n white.

You would be livid as a customer if your service was delivered late due to staff needing to deal with thier kids. You would not give a care for the reason the service was late.

Anyway, focus on your new business and don't have this battle, it will take years off your life and your child will pick up on all the misery and stress. All the best

TBagpuss

In terms of the inbjuction, have you been given notice of a court hearing date? Normally, any injunction application would be made by way of an application backed up by a written statement, and both the application and statement should be provided to you. You will then have the opportunity to respond, by filing your own statement.

Depending on the nature of the injunction sometimes an application is made without notice in which case you get the order, the application and statement at the same time, and there is then a second date on which you can go to court, get permission to file your statement etc.

Harassment is to a great extent subjective, so the fact that you didn't feel your behaviour was aggressive does not necessarily mean that the person who it was directed against did not, quite genuinely, feel intimidated. I am not saying that that was necessarily the case for you, but bear in mind that what you perceived as (reasonable) upset or anger might come across to another person as agression.

You mention having e-mailed the council - do you still have those e-mails in your 'sent' folder? If so, print them off. You may want to include them with your statement, or show them to the court, and it may also be worth reading through them, and getting an objective friend to do so, to see whether they come across as more aggressive than you realised at the time.

Do you live in a city/ Man university law departments have law clinics which can offer some assistance or advice; they will be staffed by law students who may be able to guide you through your options.

in terms of the works to be done, that is a completely separate issue, legally speaking. You may find this site helpful - http://www.servicechargedisputeguide.info/

moneyistooshorttomention

I tend to think that former public sector flats should virtually come with a Government (W)Health Warning on them as to the high level of service charges that buyers (and subsequent buyers) might well face on them.

I was only talking to someone in an ex-public sector flat the other day and he was retailing off some of the (Very) Exorbitant Bills that come through to him at times on them. It did sound very much as if, as he put it, the Council/Housing Association freeholder are deliberately being charged massively inflated prices for everything compared to what private householders pay. So, of course, they then pass those inflated charges on and I am only too glad I didn't land up in a position I could have easily walked into myself in naivety earlier in my life (ie because I didn't realise all that).

So - I guess all we can do now is focus on what does sound rather like deliberate harassment (which I am prepared to believe after that man I was talking to retailed off some incidents he had been on the receiving end of).

eddddy

Savealittlebit wrote: »

...
Again no response until this morning when I got a hand delivered formal letter dated monday 6th telling me that an injunction was now being taken out against me since I have not ceased my abusive and aggressive behaviour,...

If they really have taken out an injunction, you must read the order carefully and make sure you do not breach it.

An injunction is a court order, and breaching it would be contempt of court. You could be fined and/or sent to prison.


On a more general level, there is legislation that protects leaseholders from unreasonable freeholders.

For example, the freeholder (council?) should have carried out a section 20 consultation process for the work you describe: http://www.lease-advice.org/publications/documents/document.asp?item=20

You can also apply to a Tribunal to determine whether service charges (repair/maintenance charges) are reasonable. See 'Disputing a Charge' : https://www.gov.uk/leasehold-property/service-charges-and-other-expenses