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Housing Association refused transfer

13

Comments

  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    What reason did they give for offering you a transfer but not to another flat in the same building?
  • What reason did they give for offering you a transfer but not to another flat in the same building?
    i think they said that they are not obligated to offer me a transfer to the same building, no clear reason.
  • M_Python
    M_Python Posts: 176 Forumite
    I am truly sorry to hear that you have lung cancer OP and hope that your upcoming operation will be successful.

    However, I think you'd be unwise to add to your stress by taking them to Court. As far as I can see, they have fulfilled their duty of care to you by offering you alternative accommodation but you have refused it just because you want to stay in the same building. I fear that the Court will look upon that as being unreasonable on your part and your claim will fail.

    You need to remember that when you live in social housing, you don't have the luxury of choice that homeowners do so it's rarely about what you want rather than need.
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    richard1st wrote: »
    i think they said that they are not obligated to offer me a transfer to the same building, no clear reason.
    Which is the reason they will give if they have to defend themselves in court. You need to work with them. If they have agreed to transfer you its odd a transfer is refused to the same building. There are costs to them for a transfer but they would be the same regardless of which property.

    You need to appeal to them rather than threaten them. Ask them why they accept your transfer request but not to the same building.
    I would possibly start by apologising for ending the meeting. They will understand you are unwell and need to move but for them to change their reasoning you need to know why they cannot accommodate what you want.
  • You cannot argue that you are suffering PTSD from car fumes and then state you want to live in the same block of flats that the fumes are infiltrating it does not make sense.


    I also hope that your operation and treatment is successful but you would be wise to discuss the possibility of reduced lung capacity going forward and what this means for living on the first floor of a building. Your consultant will guide you on this.


    What is wrong with the other accommodation that you have been offered?
  • You cannot argue that you are suffering PTSD from car fumes and then state you want to live in the same block of flats that the fumes are infiltrating it does not make sense.


    I also hope that your operation and treatment is successful but you would be wise to discuss the possibility of reduced lung capacity going forward and what this means for living on the first floor of a building. Your consultant will guide you on this.


    What is wrong with the other accommodation that you have been offered?

    The PTSD is not for car fumes, it is a far more serious case that i dont want to discuss, they agreed in the meeting that it seriously affects my quality of life and that i should not have to suffer any more, the fumes was an extension to my claim with my current condition, the properties they offered me are in different areas which would mean i would have to change my GP Dentists etc because i would no longer be within their catchment area
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    richard1st wrote: »
    the properties they offered me are in different areas which would mean i would have to change my GP Dentists etc because i would no longer be within their catchment area
    So change your GP and dentist like everyone else does when they move. I don't see what the problem is.

    They've offered different accommodation and you refused it. That's not their fault.
  • Slithery wrote: »
    So change your GP and dentist like everyone else does when they move. I don't see what the problem is.

    They've offered different accommodation and you refused it. That's not their fault.

    it would also mean that my family, who are my carers would have to travel even further than what they do at present, and i am talking 10's of miles, this is why i would like to stay where i am, i'm to old to even think about moving
  • MobileSaver
    MobileSaver Posts: 4,372 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    richard1st wrote: »
    i truly believe these people do not know the laws on housing or the equality act.
    richard1st wrote: »
    they have a duty of care, also the 2010 equality act plus the housing act,

    I am sorry to hear of your problems but I'm a bit confused as to your grievance.

    Your first post says "they will not consider me for a transfer" but then later you say due to your condition they have offered you a higher floor (albeit in a different area) so which specific law do you truly believe they have broken?
    Every generation blames the one before...
    Mike + The Mechanics - The Living Years
  • I am sorry to hear of your problems but I'm a bit confused as to your grievance.

    Your first post says "they will not consider me for a transfer" but then later you say due to your condition they have offered you a higher floor (albeit in a different area) so which specific law do you truly believe they have broken?
    mmmm, looking at it i see your point, i was hoping to stay in the same building as i am
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