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If I don't pay my rent will I be evicted?

94 replies

spookyboooo · 24/09/2023 20:52

I'm In a housing association flat upstairs.
I posted a thread the other day so I won't repeat everything but the h/a haven't maintained the land next to my flat and a tree has grown over the fence and is now fully resting on my roof.
Damaging it and it's causing unbearable noise so I can't sleep.
I've been prescribed sleeping tablets and anti depressants from the GP to try and let me sleep through it but it's not a permanent solution as they've only gave me two weeks sleeping tables and I really don't want to take anti depressants as my only issue is not sleeping due to noise.
As I said in my other thread I've complained and they've said they have 18 months to get this tree cut off my roof-so now I'm waiting till I can do stage 2 complaint then housing ombudsman (which can take months )
My local counsellor hasn't replied to me and I have nowhere else to turn too
Tonight it's blowing a Gale here and I can hear the tiles smashing around -horrific noise again.
I'm so down
If I don't pay my rent what will happen?
How can they charge me rent to live like this

OP posts:
Efficaciou5 · 24/09/2023 22:07

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JudgeRudy · 24/09/2023 22:09

Is the tree definitely the responsibility of the housing association? If it's breaking tiles and causing a significant disturbance I'd say the job hasn't been rated correctly. OK maybe not an emergency repair but the 18months?! Noise aside, surely it's causing damage. If itbisxand they don't repair itwithin a reasonable time frame you can do yhis yourself and offset the cost against your rent. You cannot just not pay rent though and bit would be yhe courts to decide what z reasonable time frame would be.

spookyboooo · 24/09/2023 22:10

@Crazycatlady83 the private tree surgeon are asking for written confirmation from the h/a that they are legally allowed to touch it
The h/a have said no -only there contractors are insured to touch it (not sure how true it is )

OP posts:

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spookyboooo · 24/09/2023 22:11

@Efficaciou5 offending branches ? It's not Just 1 or two branches
It's grown over that much I can barely get around the side of the building
I don't know what I'm doing -so I'm not touching it

OP posts:
spookyboooo · 24/09/2023 22:12

@JudgeRudy yeah it is -it's the gardens of the h/a tower building
They said they cut these trees yearly but nobody has touched it in years

OP posts:
gamerchick · 24/09/2023 22:13

Dont withhold rent. Go to your local paper.

shakeitoffshakeacocktail · 24/09/2023 22:14

Name and shame on social media, add on you MP also write to your MP

Efficaciou5 · 24/09/2023 22:14

spookyboooo · 24/09/2023 22:10

@Crazycatlady83 the private tree surgeon are asking for written confirmation from the h/a that they are legally allowed to touch it
The h/a have said no -only there contractors are insured to touch it (not sure how true it is )

Just a couple of points ...

  1. Other peoples insurance is none of the h/a's business.
  2. The h/a don't decide who is and who isn't insured to carry out any activity.
  3. Neither you nor anyone you chose to subcontract to cut the branches are obliged to be insured to do so.
Efficaciou5 · 24/09/2023 22:15

shakeitoffshakeacocktail · 24/09/2023 22:14

Name and shame on social media, add on you MP also write to your MP

Drama, Drama, Drama .....

Really ?

Efficaciou5 · 24/09/2023 22:38

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MrsMoastyToasty · 24/09/2023 22:46

Go to the chief executive of the housing association. Email them (you may have to do a bit of detective work to see who it is) then you'll effectively have a date stamp for your complaint.

Tell him/her you're going to the media/MP/ombudsman.

HangingByYourFingernails · 24/09/2023 22:54

Efficaciou5 · 24/09/2023 22:15

Drama, Drama, Drama .....

Really ?

To be fair, writing to your MP is perfectly standard advice where a local authority/housing association tenant feels hard done by. Not overdramatic at all.

Social media might also get results, but it depends on whether the OP's photos look as serious as she says.

Efficaciou5 · 24/09/2023 23:08

Problem:

Overhanging Tree Branches.

Effect:

Sleepless Nights
Visit to GP
Prescription sleeping tablets
Prescription anti-depressants
Depression
Consideration of refusal to pay rent

Described Actions so far:

Contacting local councillor to no avail
Cry for help on Mumsnet

Mumsnet Suggested Solutions:

Name and shame
Social Media
Write to your MP
Write to the press
Ring the h/a every day
Contact your local ombudsman

How about cutting off the overhanging branches ? ..... Just a thought !

HangingByYourFingernails · 24/09/2023 23:16

Efficaciou5 · 24/09/2023 23:08

Problem:

Overhanging Tree Branches.

Effect:

Sleepless Nights
Visit to GP
Prescription sleeping tablets
Prescription anti-depressants
Depression
Consideration of refusal to pay rent

Described Actions so far:

Contacting local councillor to no avail
Cry for help on Mumsnet

Mumsnet Suggested Solutions:

Name and shame
Social Media
Write to your MP
Write to the press
Ring the h/a every day
Contact your local ombudsman

How about cutting off the overhanging branches ? ..... Just a thought !

I'd agree that the OP's reactions seem OTT for the situation she describes.

But I'd disagree that cutting off the branches is a simple no-brainer solution. Tree surgery is a skilled and risky job. She's contacted a professional, who's refused to proceed without evidence that she's authorised to approve the work. It sounds like an impasse.

ItWasntMyFault · 24/09/2023 23:17

If you don't pay your rent they will serve you with a Notice Seeking Possession. Four weeks after that they can tell you they are applying for a Possession Hearing. The Possession hearing will add £355 court costs to what you already owe.
If by that stage you are still refusing to pay rent you will probably either be given a 14 day or 28 day Possession Order. At the end of that they can ask the bailiff for an eviction date (which will also add another £130 costs).
It's really not worth losing your home over.

Efficaciou5 · 24/09/2023 23:23

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CherryMyBrandy · 24/09/2023 23:30

No don't just sit and wait ffs! As others have said keep complaining. Make a nuisance of yourself. And contact your MP.

HeffyAgain · 25/09/2023 06:09

You don't pay rent based on how much you enjoy living in the property ffs.
It is to keep a roof (no matter how noisy) over your head. Do you think if you get evicted you will saunter into a nice new property....is that part of the plan?
By all means make a nuisance of yourself and try to get the h/a to sort it if you genuinely can't do it yourself but withholding rent is a ridiculous idea.

greenacrylicpaint · 25/09/2023 06:46

contact environmental health.

a tree on a riof can cause considerable damage and needs to be removed promptly.

talk to shelter about your options.

PickledPurplePickle · 25/09/2023 06:49

Can you record the noise?

then write to your MP

AnxiousPangolin · 25/09/2023 06:50

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How do you think she’s going to reach branches that overhang the whole rooftop? Levitate?

As others have pointed out, tree surgery is risky and a skilled job. Have you ever tried cutting through branches with a bow saw? I have and anything over a few cm thick is hard work.

mummymayhem18 · 25/09/2023 07:06

I was going to say the same as @PickledPurplePickle if you have recorded the noise so you can show them just how bad and disruptive it is?

spookyboooo · 25/09/2023 07:12

How am I over reacting ?
Would you like to live like this? Constant extreme noise that means I can't sleep
Probably not
Easy to say when you have no idea how noisy and disruptive it is to me.

OP posts:
Butterkist8 · 25/09/2023 07:28

Email your MP, now.

BernadetteRostankowskiWolowitz · 25/09/2023 07:33

I think people are imagining it's just the odd branch hanging into your boundary. Can you upload of pic of the tree across the roof?