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Legal matters

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Any Lawyers here? Need advice herere ongoing probs with coulncil.

15 replies

QuiQuaiQuod · 04/03/2019 18:35

CAB are useless by the way, so dont know were to turn. Do i need to seek legal acttion?

Have I got a case to sue the council? they are our 'landlord'.

I've been banging on about the following for the 7 years weve been here. Its a house.

We can't move out for medical reasons as its adapted for disabled and other personal reasosn we need to stay here.

The damp and mould and disrepair is disgusting. If I could show you photos I would.

We are athsmatic. Mainly housebound by our disabilities.

Council know what they have to do to repair the roof thats letting in mould, including spores which are dangerous to health, they fixed part of it 3 years ago and we havent had a problem in that area since, but they just keep saying open windows to air the place, which I do, or put heating on, which i also do.

Im spending a fortune on damp sprays and mould sprays, i have to live on benefits because of our disabilities, me and DC, and the house is not very habitable.

Are they not in breach of contract for not repairing the place where its needed? they shopuld have done it all before we moved in, and if we did ever move out theyd have to do it anyway.

Can I cite breach of contract? (tenancy agreement)? discrimination?

(disabilities and they are affecting our health), even medical negligence? Theyve had contact on our behalf from social services andf the like, even a local mp and they still wont do anything.

Ivr been through housing officers, inspectors, everywhere in the council, and nothing. we are just me and DC and therefore a vulnerable family andf they seem to know this.

plus Id have to applly for legal aid as Im on carers and disability benefits.

Also the kitchen is falling apart literally, has been since the beginning.

Don't want to have to do this but I'm at my wits end.
Any advice?

OP posts:
Tomtontom · 04/03/2019 18:40

Are they suggesting you are causing the problem?

Have you spoken to your local Councillor, have you followed the complaints process?

There's no Legal Aid for this sort of thing.

HJWT · 04/03/2019 18:51

@QuiQuaiQuod we had a similar problem in our first flat, but it ruined everything, carpet furniture clothings EVERYTHING was covered in mould, we also had a baby and they did NOTHING we even bought a humidifier and the water that came out of it was unreal.... we just bought a house in the end it was that bad..

QuiQuaiQuod · 04/03/2019 18:56

thanks for replies.
Tom they always say tenants cause the problem, but they know we are knot, but theyre quite happy to take our rent money.

Ive even said Ill withhould rent till they fix it, why should I pay for something we caNT be in properly? but their answer is to evict us!

I have gone through complaints and councillor.

they just don't wasn't to spend the money, its a known fact in our borough.

H yes, that's whats happening here too, and I cant afford to replace things.

ive got dehumidifirs and everything.

Wish I could buy a house but we cant.

OP posts:
DonPablo · 04/03/2019 18:57

There will be a complaints procedure that you need to follow each step of. (I know you've said you've dealt with inspectors and things so I imagine you're quite far through the process already).

If they can't resolve your complaint you can take it next to then ombudsman. Shelter have some advice about this.

You could also try your local MP.

Flowers
Tomtontom · 04/03/2019 19:00

If they're saying you are causing the problem and you dispute this, you need to get independent expert evidence to support your assertion.

Until you prove otherwise, they're not obliged to do anything more.

If you withhold the rent they'll evict you. Is that not being paid via benefits anyway?

NiceNewShiny · 04/03/2019 19:03

Do other adjacent properties/households have the same problem?

QuiQuaiQuod · 04/03/2019 19:03

I give you my word we are not causing the problem, I know what to do to keep house ventilated/heated.

I have to pay most of the rent I get very little HB.
Ive tried the local mp who has contacte dfthem but they still wont do anything.
(excuse my typing I have stubby fingers!)

that's it then? either way they win, and if we ever moe out they can then get ME for the hosue being int he disrepair it is? that's not right./

OP posts:
Tomtontom · 04/03/2019 19:05

I'm not doubting you, but it's not me you need to convince. If you've exhausted the complaints procedure, you'll need to get an independent expert report to support your case.

QuiQuaiQuod · 04/03/2019 19:05

nice we are the only council house in the road,the others are owned therefore they pay people to fix things, its a the roof on our house , the eaves that are rotten that they need to fix, like I said they did part of it years ago (after I nagged them) but haven't ever finished it,

I used to work in the building trade so I m know exactly what the problem is.

OP posts:
AnneElliott · 04/03/2019 19:08

If you've exhausted the council complaints process, you can go to the local government ombudsman.

QuiQuaiQuod · 04/03/2019 19:09

I need to log off now (I'm ona payg and running out so will have to try and get more this week) but ill tune in again when I can.
thanks again for replies.

OP posts:
AutumnCrow · 04/03/2019 19:11

I would send your opening post as an email to:

your three local councillors;
the cabinet member for housing of your local council;
Your MP.

They will help you complain through the formal process, and to forward to the Ombudsman if necessary.

AutumnCrow · 04/03/2019 19:14

Sorry just seen what you said about your MP. Contact them again, and say it's still not resolved. And definitely contact the councillors.

Singlenotsingle · 04/03/2019 19:23

Is there any possibility you could move out and rent somewhere privately? Presumably you'd still be entitled to HB and whatever other benefits you get currently?

Gingerkittykat · 04/03/2019 19:25

Former CAB adviser here, people expect them to be miracle workers and be able to solve all problems. I saw a damp case once where the council just came and put a board up over the damp wall instead of fixing it!

My first advice would be to go to environmental health, if you have not already.

My second advice would be to find a specialist housing charity, people like Shelter or a local agency will have far more specialism in those issues than CAB.

Another option is looking to see if you have a local law centre, they have trained lawyers available for free which is where we used to refer people needing more specialist advice.

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