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Orbit Housing Association
Neverthoughtiddothis
Posts: 6 Forumite
Bit of a long one I’m afraid, but any advice would be greatly appreciated.
My late Mother had a side extension built 18 years ago. Unfortunately the builders father put the fence panels back further onto my mother’s property rather than in the original place, although my mother was annoyed she let this go. The property next door is Orbit Housing Association. A couple of years after the extension was built their tenants erected a “covered walk way/lean to”, Orbit put electricity and running water in for them. The tenants then started growing plants etc up the side of my Mother's extension and into the guttering, my mother complained to Orbit about this and advised the walkway was over the boundary line. Orbit were adamant there was a 10 inch gap between the extension and walk way - it’s unbelievable they claimed this, it can clearly be seen at both ends that the lean to is right up against the extension. For years correspondence went back and forth between my Mother and Orbit who continued to claim there was a gap. Orbit then arranged a mediation meeting between their tenants and my mother, they constantly referred to this issue as a neighbour dispute, rather than a boundary issue. Orbit advised my mother if she did not attend the meeting they would close the file. Minutes before going into the meeting my Mother was advised that Orbit had given their tenants permission to remove the fence panels between the extension when they built the lean to - something they had previously denied. My Mother employed a surveyor who confirmed there is a 10-12 inch encroachment from Orbits side, Orbit also employed a surveyor who advised there is a gap but then did confirm later that he also found there to be an enrichment from Orbit. My Mother also advised Orbit that their tenants had attached some trellis etc to the side of her extension where the lean to finishes, something that was denied for years, even though there’s photographic evidence. Orbit then advised the trellis had been removed, which my Mother was telling them it hadn’t been! - something Orbit themselves would have been able to see if they’d just paid a visit! My Mother did seek legal advice but was advised by the Solicitor that the courts do not like dealing with boundary issues when it’s only a small amount compared to some. Eventually Orbit confirmed they are over the boundary and will put this back in place, but to this day this has still not happened. Orbit have claimed someone has deleted all their files from the time period my Mother first complained and when they supposedly gave permission for the lean to to be built. Luckily my mother kept all correspondence from the years and you can see on a number of occasions Orbit deny and deny that there isn’t a gap - something anyone visiting can see straight away. My mother told orbit she wanted the original boundary put back in place and her extension inspected for any damage as she believed the lean to is attached to her brickwork and then any damage found to be put right - Orbit have agreed to do this in writing. Over the years Orbit constantly ignored my mother and then would say the person who was dealing with the case had left and so the process would need to start again. Finally Orbit sent out an architect and builder and drew up plans for a brick extension to replace their lean to and therefore mean they could put the original boundary back in place. Each time Orbit advises they are moving forward, when chased they have advised either the funding has been spent elsewhere or the tenants won’t give a time for them to meet and discuss etc. Unfortunately my mother passed away from cancer in December 2022, during the last few months of her life she was emailing Orbit to make sure their “plans” would go ahead and the boundary would be put back. It was all set to start in April 2023 but surprise surprise it was called off. My mother has always advised her biggest concern is the house she worked hard to pay off would lose thousands off it whilst a boundary dispute is ongoing, she even advised Orbit at one she is looking to move house but can not with this ongoing dispute. The house is now on the market and has been for months, unsurprisingly we have had ridiculous offers as no one wants to take on a house with a dispute like this against it. I spoke with Orbit in June 2024 and advised myself and my siblings had decided to just have a new boundary line drawn up, Orbit refused this offer and advised they are proposing a license be put in place that states once their lean to has “run its course” it will be removed and the boundary reinstated, we advised we would look at the license and decide. Orbit have had the license from their solicitor since August this year and have still not contacted us, when I have chased this I was advised by the person who was dealing with it, they no longer are and they wouldn’t give me the details for the team that have taken over, they just advised to go through solicitors. My mother contacted her local MP on a number of occasions for assistance, they emailed Orbit to try and help but it was to no avail. Orbit have previously advised their tenants are difficult to deal with - something I have no doubt about! One person dealing with the case even told my mother they can’t deal with one of the tenants as they always end up arguing with them! Orbit have told my sibling after my mothers death their tenants have claimed to have a signed letter from my mother agreeing for them to have the boundary they have encroached on - laughable! Unsurprisingly this “letter” has never appeared. I will say the guttering at the front of my mothers extension does slightly overhang onto orbits side, something she advised she would fix but not until orbit rectify the boundary, Orbit wrote to say they are not concerned about this.
My late Mother had a side extension built 18 years ago. Unfortunately the builders father put the fence panels back further onto my mother’s property rather than in the original place, although my mother was annoyed she let this go. The property next door is Orbit Housing Association. A couple of years after the extension was built their tenants erected a “covered walk way/lean to”, Orbit put electricity and running water in for them. The tenants then started growing plants etc up the side of my Mother's extension and into the guttering, my mother complained to Orbit about this and advised the walkway was over the boundary line. Orbit were adamant there was a 10 inch gap between the extension and walk way - it’s unbelievable they claimed this, it can clearly be seen at both ends that the lean to is right up against the extension. For years correspondence went back and forth between my Mother and Orbit who continued to claim there was a gap. Orbit then arranged a mediation meeting between their tenants and my mother, they constantly referred to this issue as a neighbour dispute, rather than a boundary issue. Orbit advised my mother if she did not attend the meeting they would close the file. Minutes before going into the meeting my Mother was advised that Orbit had given their tenants permission to remove the fence panels between the extension when they built the lean to - something they had previously denied. My Mother employed a surveyor who confirmed there is a 10-12 inch encroachment from Orbits side, Orbit also employed a surveyor who advised there is a gap but then did confirm later that he also found there to be an enrichment from Orbit. My Mother also advised Orbit that their tenants had attached some trellis etc to the side of her extension where the lean to finishes, something that was denied for years, even though there’s photographic evidence. Orbit then advised the trellis had been removed, which my Mother was telling them it hadn’t been! - something Orbit themselves would have been able to see if they’d just paid a visit! My Mother did seek legal advice but was advised by the Solicitor that the courts do not like dealing with boundary issues when it’s only a small amount compared to some. Eventually Orbit confirmed they are over the boundary and will put this back in place, but to this day this has still not happened. Orbit have claimed someone has deleted all their files from the time period my Mother first complained and when they supposedly gave permission for the lean to to be built. Luckily my mother kept all correspondence from the years and you can see on a number of occasions Orbit deny and deny that there isn’t a gap - something anyone visiting can see straight away. My mother told orbit she wanted the original boundary put back in place and her extension inspected for any damage as she believed the lean to is attached to her brickwork and then any damage found to be put right - Orbit have agreed to do this in writing. Over the years Orbit constantly ignored my mother and then would say the person who was dealing with the case had left and so the process would need to start again. Finally Orbit sent out an architect and builder and drew up plans for a brick extension to replace their lean to and therefore mean they could put the original boundary back in place. Each time Orbit advises they are moving forward, when chased they have advised either the funding has been spent elsewhere or the tenants won’t give a time for them to meet and discuss etc. Unfortunately my mother passed away from cancer in December 2022, during the last few months of her life she was emailing Orbit to make sure their “plans” would go ahead and the boundary would be put back. It was all set to start in April 2023 but surprise surprise it was called off. My mother has always advised her biggest concern is the house she worked hard to pay off would lose thousands off it whilst a boundary dispute is ongoing, she even advised Orbit at one she is looking to move house but can not with this ongoing dispute. The house is now on the market and has been for months, unsurprisingly we have had ridiculous offers as no one wants to take on a house with a dispute like this against it. I spoke with Orbit in June 2024 and advised myself and my siblings had decided to just have a new boundary line drawn up, Orbit refused this offer and advised they are proposing a license be put in place that states once their lean to has “run its course” it will be removed and the boundary reinstated, we advised we would look at the license and decide. Orbit have had the license from their solicitor since August this year and have still not contacted us, when I have chased this I was advised by the person who was dealing with it, they no longer are and they wouldn’t give me the details for the team that have taken over, they just advised to go through solicitors. My mother contacted her local MP on a number of occasions for assistance, they emailed Orbit to try and help but it was to no avail. Orbit have previously advised their tenants are difficult to deal with - something I have no doubt about! One person dealing with the case even told my mother they can’t deal with one of the tenants as they always end up arguing with them! Orbit have told my sibling after my mothers death their tenants have claimed to have a signed letter from my mother agreeing for them to have the boundary they have encroached on - laughable! Unsurprisingly this “letter” has never appeared. I will say the guttering at the front of my mothers extension does slightly overhang onto orbits side, something she advised she would fix but not until orbit rectify the boundary, Orbit wrote to say they are not concerned about this.
I have emailed the bbc and the uk housing minister to try and receive some assistance with this but have yet to receive a reply from either.
it just amazes me that Orbit Housing Association can continue to just ignore this issue, even after on numerous occasions advising they will rectify It. They are nothing short of bullies and were fully aware a single mother of four who was working two jobs to pay the mortgage off, did not have funds available to take them to court.
it just amazes me that Orbit Housing Association can continue to just ignore this issue, even after on numerous occasions advising they will rectify It. They are nothing short of bullies and were fully aware a single mother of four who was working two jobs to pay the mortgage off, did not have funds available to take them to court.
After losing my Mother to such an awful disease in such a short time and then having to deal with something she spent years trying to solve is disgusting to say the least. Unfortunately myself, nor my siblings have £10,000 spare, which we were quoted to pay a solicitor to take Orbit to court to force them to rectify this issue.
The only thing I can now think of is that we try to represent ourselves in court against Orbit. I apologise for such a long post. I have written it to see if anyone can offer any advice regarding the legal process of going to court etc.
thank you
thank you
0
Comments
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Don't either of you have legal cover as part of your home insurance?0
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I'm sorry for your loss and sorry for your plight. Unfortunately I have found it almost impossible to follow your post through and to make much sense of it.
All I've got so far is that- Orbit has built a shed against your mom's house.
- plants growing up a trellis may have damaged the drains/guttering
- Orbit has admitted the tenants are difficult
- The MP is unable to resolve this as have the BBC (?) & the UK housing minister (?)
- The tenants have lied about having mom's permission.
- it's now a court case which you can't afford.
I’m a Forum Ambassador and I support the Forum Team on Debt Free Wannabe and Old Style Money Saving boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.
"Never retract, never explain, never apologise; get things done and let them howl.” Nellie McClung2 -
Sorry for the long post.
Orbit tenants have built a lean to against the extension.
The lean to is most likely hammered into the extension, therefore damaging the brick work.
The plant growing etc was the last straw and was what seemed to make my mother start the process with orbit.
Yes, having the local MP email orbit previously requesting this to be resolved does not seem to have had any impact.
Yes they have lied, my Mother wouldn’t have signed it over to start with, but then also if she did, why would she keep fighting for it?!
It’s not gone to court yet as we can not afford it, but I feel that our only option now.1 -
No, no legal cover on the house insurance1
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So you go unto the roof of the extension and crowbar off anything that is attached? Remove any plants and return them to their garden.
Talk to citizen's advice.I’m a Forum Ambassador and I support the Forum Team on Debt Free Wannabe and Old Style Money Saving boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.
"Never retract, never explain, never apologise; get things done and let them howl.” Nellie McClung1 -
God I wish we could!
I spoke to citizens advice during the week, all they could advise was to put a formal complaint in with Orbit….. this has been done countless times over this, unfortunately it doesn’t make the slightest difference.1 -
You are within your rights to remove anything attached to your propertyNeverthoughtiddothis said:God I wish we could!
I spoke to citizens advice during the week, all they could advise was to put a formal complaint in with Orbit….. this has been done countless times over this, unfortunately it doesn’t make the slightest difference.0 -
I can’t work out how to do direct replies.
its hard because we cant get on the extension roof (it’s sloping) and the “lean to” is right against the wall nearly the whole way along the extension. Plus I’m not sure how we stand because it’s got electric etc in it. It would likely just all collapse if we tried to pry the tiny bit we could get to off the wall. Apparently it’s classed as living quarters. They are notoriously difficult tenants, apparently they declined the brick extension Orbit offered to build, so i get the impression they kick off with Orbit to block any work.0 -
Perhaps I have missed something but what actual harm is being caused? I am not condoning what they have done but is the ongoing argument really proportionate, given Orbit have accepted that they will rectify upon change of tenancy? Attachement to brickwork is not really material "harm" and plant growth can be removed before it may cause harm.0
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They are over the boundary by 10-12 inches which is knocking money off the house value. Also, Orbit have still not sent this license through for us to look at, the license Orbit claim will state once the lean to comes down they will place the fence panels back, Orbit have supposedly told their tenants not to maintain the lean to, but the tenants continue to do this and then claim they aren’t - we’ve watched them do it. Also, they have hammered nails into the brickwork, a number of surveyors have advised this will cause damp and other damage further down the line so they are causing damage.1
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