Awful Housing Association Landlord who're taking me to Court

Hard_food_for_midas

Hi,

I am hoping someone can help urgently.

My HA Landlord is not fit for purpose. I am the main spokesperson for the block of 29 flats and I raised a formal complaint (I cc'd the CEO) about the failure to meet the conditions of our lease - especially in relation to roof and cyclical maintenance. The complaint has gone beyond a year. Even the Housing Ombudsman have said they have missed deadlines HO has set with them.

Yet, the HA has closed down my complaint. I have told them that they should not do this as matters remain outstanding. I am waiting to hear from the Ombudsman.

What I need your help with is, the only way I felt I could leverage them to carry out the repairs was to not pay my service charge. We were not getting a service, so why should I pay? I was aware of the risks.

I do not have a mortgage on the property, so they cannot write to my lender.

We are in dispute, so they have taken a CCJ against me to recover the arrears of now £2000 plus the £150 court admin fee.

I am waiting to hear back from Housing Ombudsman and my legal expenses cover, but legal expenses cover is not what it used to be! - They say they cannot get involved in this! Is this correct? Does anyone know legal expenses cover that would cover me for things like this?

If I pay, what leverage against them do I have?

If I don't, am I going to Court -risking a judge taking a dim view of me, whilst failing to address the reasons behind why I am in dispute with the HA?

Do I go to the press? This company is huge and has properties everywhere.

What should I do?

Ozzuk

Legal cover isn't a given, they often only take on cases they think they will win - which doesn't look good for you.

If it was me, I'd pay. You knew the risks. You don't have leverage (IMO).

comeandgo

I'd pay, this is a true debt you are due. I take it all the other residents in your block have paid and have left you to take on the HA landlord yourself? It's not worth getting your good name muddied by Ccj.

sparky130a

You need to pay.

You don't have leverage. And you'll have a much more miserable life with a CCJ.

As principled as your stance is it's not worth the price you'll potentially pay.

Guest101

So they've already gone to court? You say there's a CCJ?

Hard_food_for_midas

thanks for replying all of you. Very kind. I hate that the big guy can sit on their fat behinds and do nothing because law and money is on their side.

They have made an application to the court for a CCJ. I've not yet heard from the court.

I'm just about to send this email to CEO and head of housing:

I have been in dispute with your company for over a year now. I have withheld my service charge, knowing the risks, because I felt unless I did your company would do nothing to sort out the long term issues we have had on this block. X, you and I are just going to have to disagree on that point.

Now your senior complaints handler, Mr Y, has closed down my complaint.

In the chain below, you will see why this complaint is far from being completed - especially given the wholly inadequate recent Section 20 Notice. This fails to list any of the urgent repairs required on this building! It is staggering.

ABC are in breach of Landlord's obligations as set out in my lease. I draw particular attention to Section 5.3.1 relating to the roof and 5.3.3 general maintenance and upkeep. Also, 5.4 regarding lighting. These all formed my original complaint and have not yet been fully dealt with.

Properties are being leaked into, my stairwell roof was only have supposed to have been fixed over a year ago. If this was my private home and I appointed a roofer to fix the lead flashing and within a year or so, it was breached, I'd be suing them for failure to do adequate repairs. I am not sure how your employees will handle this, but it will not be with the same care and rigour that an owner has, on this I am sure we can agree.

I received a few letters over the past month from your Incomes Team to recover my service charge arrears. I made several attempts to call back to work something out, but gave up queuing on the phone during my lunch hour, having failed to get through for 25 minutes. Mr S never gave an email address, which might have been useful, given people's busy working lives.

Now I have received a CCJ notification to clear the arrears.
This morning I did speak to Mr S, Incomes Officer, and asked if there was anything to do to stop the issue going to Court and all he could offer was, 'clear the arrears' even after I told him I felt this was the only leverage I had to get your company to listen and act.

I told him the dispute continued, regardless of Mr Y's actions to close it down.

I genuinely believe you are failing this block as a landlord and that your service is incredibly poor.
The way my complaint has been handled should send alarm bells through your organisation if you were serious about customer service, but it is clear you're too big and perhaps remote an organisation to deal adequately and in a timely fashion with complaints.

So, we are in a stalemate. I have left a message with the Ombudsman this morning and I am also waiting for legal advice from my solicitor.

Can you even begin to imagine where I am coming from? Are we going to court or are we going to try and settle these matters once and for all?

Rain_Shadow

Guest101 wrote: »

So they've already gone to court? You say there's a CCJ?

I agree it doesn't make sense. The title says 'taking me to court' the text says 'taken a CCJ against me'

My guess is the HA have started proceedings.

EDIT: cross posted with above. Have they started proceedings or applied for judgement?

OP, please clarify.

You could try your luck in court and then pay afterwards if they get judgement.

Hard_food_for_midas

They have made an application to the CC to clear my arrears.

I'm thinking, I may stand up in court and explain the reasons for the dispute. I have quite a high profile in the area and I'm sure I'm not the only one going through this misery...

Rain_Shadow

Hard_food_for_midas wrote: »

They have made an application to the CC to clear my arrears.

I'm thinking, I may stand up in court and explain the reasons for the dispute. I have quite a high profile in the area and I'm sure I'm not the only one going through this misery...

Well you are certainly entitled to have your day in court and if judgement is against you then you have the opportunity to pay within 28 days and there will be no record of the CCJ so you may feel it is worth your while.

Hard_food_for_midas

I've been dealing with the company for over 15 years now and the only thing they are hot on is money and income. (no surprise there!)

I investigated their accounts several years ago (when I had more time) and found about £30K missing from our sinking fund.

They paid me compensation for clearing out a bin shed that had been neglected for years - I had to hire specialised equipment.

This company has form and they should not be getting away with failure to meet their obligations as a landlord.

Hard_food_for_midas

Rain_Shadow wrote: »

Well you are certainly entitled to have your day in court and if judgement is against you then you have the opportunity to pay within 28 days and there will be no record of the CCJ so you may feel it is worth your while.

thank you. So, I get my day in court, pay £105 for the privilege and then pay my arrears if it goes against me. What have I got to lose?

I guess then I have a CCJ against my name and then will suffer getting credit. I was hoping my days of credit were over, but it's never easy, is it? Who knows what's around the corner, so maybe best NOT to have a CCJ against my name?