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Complicated issue in housing association housing

squizz11
Posts: 189 Forumite

My mother lives in sheltered and my brother stays with her a few nights , his living situation isn't great so suits both parties as my mum is in poor health.
My brother is an addict and a 2 years ago he wasn't in a great place and there were incidents of him borrowing money of neighbours. Police were involved and he was given a warning and money was paid back. At around that time new neighbours moved in either side and reports started going in to the housing association, things like
1. He was living in the loft , this loft is 3 ft high and my brother isn't exactly built for it plus has a bad back
2. I put black bags in my car ( this was to take to charity shop)
3. There were rats in the complex and when the rat man came to the property they found crisp packets , this was an accidental 6 pack that my 13 yr old accidently put up there whilst helping his nan, this gets brought up regularly like it's my mums fault for all rats despite people continuing to feed red kites.
4. My mum tying her (now deceased) dog up and letting him wee everywhere
5.reporting electric work men when they came
5. Smoking weed ( my brothers poison was never weed)
There is more but it feels like she is being spied on and the complaints feel regurgitated. She's lived there 10 years , only getting complaints when the new neighbours moved in.
Anyway the HA have said he can no longer stay over and and can no longer
Go onto the estate and if my mum wants to see him she has to leave the estate.
All the complaints we have have asked for police reports , crime numbers, evidence of complaints and it seems some of them are just " hes been seen "
" he's asked people for money" the latter he denies.
We know he has previous and he has denied all recent stuff.
We are doing SAR as the HA won't provide anything. Can we ask the same of the HA and is there a legal process the HA have to follow and provide evidence of wrongdoing before they can ban him from my mother's property.
He checks on her daily due to ill health which we want to continue.
My brother is an addict and a 2 years ago he wasn't in a great place and there were incidents of him borrowing money of neighbours. Police were involved and he was given a warning and money was paid back. At around that time new neighbours moved in either side and reports started going in to the housing association, things like
1. He was living in the loft , this loft is 3 ft high and my brother isn't exactly built for it plus has a bad back
2. I put black bags in my car ( this was to take to charity shop)
3. There were rats in the complex and when the rat man came to the property they found crisp packets , this was an accidental 6 pack that my 13 yr old accidently put up there whilst helping his nan, this gets brought up regularly like it's my mums fault for all rats despite people continuing to feed red kites.
4. My mum tying her (now deceased) dog up and letting him wee everywhere
5.reporting electric work men when they came
5. Smoking weed ( my brothers poison was never weed)
There is more but it feels like she is being spied on and the complaints feel regurgitated. She's lived there 10 years , only getting complaints when the new neighbours moved in.
Anyway the HA have said he can no longer stay over and and can no longer
Go onto the estate and if my mum wants to see him she has to leave the estate.
All the complaints we have have asked for police reports , crime numbers, evidence of complaints and it seems some of them are just " hes been seen "
" he's asked people for money" the latter he denies.
We know he has previous and he has denied all recent stuff.
We are doing SAR as the HA won't provide anything. Can we ask the same of the HA and is there a legal process the HA have to follow and provide evidence of wrongdoing before they can ban him from my mother's property.
He checks on her daily due to ill health which we want to continue.
0
Comments
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Your family sound like the neighbours from hell tbh.3
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This is potentially a simple matter masquerading as a complex one. Owners of sheltered flats can, as far as I know, impose stricter conditions upon occupiers than ordinary, private landlords. A 'no overnight guests' rule is common; the ability to ban someone from the entire complex doesn't seem beyond the bounds of reason, either.
I'd suggest that the OP's mother checks her agreement carefully to see if it contains the aforementioned provisions. If so, then the matter goes no further. All the talk of SARs and the like would then be queering the pitch - one cannot 'force' the housing association to stop doing things they are allowed to do under the contract. I'd also think the brother doesn't have a generic right of entry to the complex, either; most are situated on private land, so he wouldn't be exercising the usual freedom to use the highway etc.1
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