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Legal matters

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Think I'm about to lose my home

9 replies

FreePlayDolls · 03/04/2019 10:38

I live in a Housing Association Flat with my preschool age DD.

My tenancy says that the HA reserves the right to conduct notice and no notice inspections of their property at any time.

I've just been sent a letter to from the Housing Association that says I am in breech of my tenancy for not allowing reasonable access to the property. It lists 3 dates and times that my housing officer turned up at my home but didn't answer the door. The letter then says that if I do not allow access the next time they come to inspect the property they will start eviction proceedings.

I have lived her for 4 years. This is my DDs home. Until last year I was in an abusive relationship with my DDs father, who has damaged internal doors, a windowsill and several items of furniture. I am aware that these need repairing especially the doors and windowsill. I've been quoted by the HA to have them done but cannot afford to do it myself, as I don't work and they won't allow me to do a payment plan to get them fixed. I am hoping that with the quote I can get the money from ExH when I get divorced but at the moment proceedings are still on going.

There is no way I can stay home 100% of the time in case the housing officer turns up. My DD has contact with her dad which I have to take her to, and she's disabled so I have to take her to appointments.

I have always allowed people in to repair things when they've needed doing, the toilet broke and I let the plumber in. And I've had a gas safety inspection every year which I've always allowed to happen. I can arrange for my DD to be collected or dropped off at Nursery but I can't just say to have it done indefinitely.

Is this legal? And am I likely to lose my home over this?

For more context the Housing Officer and I had a bit of a row when I first split with my husband last year as he couldn't understand why I didn't have the money to get the damage fixed by my ExH. HO reported it to Social Services who are still involved with us now but have said that the damage isn't dangerous to my DD so they can't force me to fix it. But I'm sure he still expects me to magic the money up from somewhere.

OP posts:
Bluntness100 · 03/04/2019 10:42

Were you in op when they turned up?

Please call them and arrange a date for them to do the inspection.

FreePlayDolls · 03/04/2019 10:44

I wasn't in no.

I've called and asked to be told when the inspection will be so I can let them in but the Housing Officer says it'll be when he's in the area and he can't tell me when that will be. Not even a rough idea.

OP posts:
RedHelenB · 03/04/2019 10:44

Cant you arrange a time for them to come? Seems a bit silly to risk an eviction over this.

Bluntness100 · 03/04/2019 11:14

Seems odd, I assume you can prove you were out if it comes to it?

I'd email, put it in writing, and explain th times you will be out. And that you cannot cancel these requirements, and you are more than happy to have the inspection, but th last three visits were unannounced and you were not in, otherwise you'd have let them in,

AnchorDownDeepBreath · 03/04/2019 11:57

Do you have any clauses about keeping the property in good condition?

I presume they are trying to check that the damage has been repaired and no further damage has been caused, but you'd expect them to have more understanding and empathy for your situation. Is your exH still on the agreement?

I'd definitely write to them, using signed post; and tell them that you are happy for them to inspect but require notice to ensure you're in. That might help if it gets to court and you need to show you were willing to let them in.

FreePlayDolls · 03/04/2019 14:16

Yes I do have to keep property in good condition. Ex-husband is still on the tenancy as they won't take his name off until the repairs are done and paid for.

OP posts:
LaurieFairyCake · 03/04/2019 14:20

I would write a registered letter to them saying that you would welcome a visit but they have to make an appointment in advance so you can get time off work etc.

Most people work (especially in housing association places). If anyone came round my between 7 and 7 I wouldn't be in Confused like most people

moosesormeece · 03/04/2019 14:26

I don't know what the legal position is but I agree with other posters that you need to get your side across in writing, explain that you're happy to have an inspection but you need to know when to be in for it! In a private tenancy they have to tell you a day and then either you can let them in or they can let themselves in; I don't see why you would have fewer rights with a housing association.

Given your history with this housing officer I think it would be a good idea to copy your letter to someone else too - someone more senior at the HA and maybe your local councillor?

Shelter or CAB might also be able to help with this.

Bluntness100 · 03/04/2019 14:29

An email will do just As well op, put a delivery receipt on and make sure you save it. If it comes to it, showing you were out and made every attempt to allow them access and inform them, would help you.

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