Housing officer wants to visit but I prefer in writing.

[Sarahmiles99]

Hello wonderful people.

The housing officer of my sublet flat (sold by council who are freeholders to my landlord who is leaseholder) wants to inspect my property due to antisocial behaviour complaint (not that I feel I’ve done anything anti social).

I think I legally have to let him in to inspect but can I legally insist that he talk with me only in writing and for me to reply ‘no comment’ if he asks me any questions in person?

I have severe social anxieties and a bad short term memory and I generally require legal things to be processed in writing as I am not effective at communicating in person.

Also, I don’t like the ambiguity of the claim ‘antisocial behaviour’ and feel that this visit is going to be the very type of ambush I fear.

The argument ‘if you’ve done nothing wrong, you have nothing to fear’ isn’t making me feel relaxed as I am worried I will say things that are misremembered when being flustered.

Have they specified what kind of anti-social behaviour is being looked into? Do you have anyone like an advocate or even a calm friend who could be there for a visit? And take notes?

I don't know about the legal framework (I would if it were Canada!) but I do think a polite "I'll get back to you about that, could you put it all down in a letter and I'll respond" is rarely an issue.

I've supported someone with a memory like yours with tenancy issues and it's a pain I know.

Thank you MrsTerryPratchett, no, I have tried to get them to elaborate however they just keep being ambiguous, it’s almost as if they deliberately want me to be unprepared and thinking on my feet. I received a call from him and from the very stern way he was talking I am filled with anxiety just thinking about meeting him, let alone not talking my way into a hole. He seemed very confrontational which was a surprise.

But also I feel I would need to know if saying “I’ll get back to that” or “can you put your questions in writing” is technically a form of “obstructing a housing officer in his carrying out of his duties” or not. He wants a meeting with me, him, the landlord and the letting agent... that’s petrifying for me.

Thank you for your suggestions of saying “I’ll get back to you on that” and of having an advocate. I’m afraid I don’t have an advocate to turn to however.

I dont think you would be reasonable to ask for the conversation to be conducted in writi ng. Can you ask to record it, or could you have someone with you to make notes?

tell them you have a mental health & you feel vulnerable they will have to take this into account - most social housing have special housing officers for vulnerable people & talk to CAB.

Can you arrange for someone else to be there? Perhaps they would notify you in advance of the particular issue they wish to discuss, but not a full conversation.

You could also approach an independent advocacy organisation for support, if you are disabled or otherwise in need of some support.

Here’s some information- it’s not just for older people, it’s for anyone who needs some support to understand and communicate:
www.independentage.org/information/advice-guides-factsheets-leaflets/independent-advocacy

Also, if you do have a disability or long term health condition, and that includes mental health conditions and cognitive processing difficulties, you are entitled to ask that they make reasonable adjustments under the Equality Act 2010 to support you to take part in this discussion.

No, you don’t have to let the housing officer in. The council/ housing association are no longer the landlord and have no right over the property in this way. It’s not sublet either- subletting is entirely different.

You can insist it’s in writing if you want. They can’t enter your property without a valid warrant. Which they won’t get for this

Helpful advice from Caprisunorange. Sounds like they’re overstepping their authority.

He wants a meeting with me, him, the landlord and the letting agent... that’s petrifying for me.

No wonder. All those authorities and you. You definitely need some balance. I suggest asking the CAB, Shelter, disability and/or MH advocates... whoever you can get to support you. If not, do you have a calm, assured friend or relative who could be there?

Oh also, maybe have a meeting at their office. Sounds more intimidating but two things:

1. You can just leave. If they're in your place you have to get them to leave.

1. You might feel less invaded.

Just say no OP. They can’t do this to private households. If you are causing asb they need to get a court order against you like they would anyone else. Or, if they want to avoid that they need to appoint independent mediation. This is nothing to do with your landlord and tge letting agent wtf?

Say no. He thinks you’re stupid

Op is this maybe about thr state of the property? The fact they wish to inspect it stands out. Could the anti social behaviour be in relation to how it's been kept?

Thank you all for your advice. If I knew how to tag everyone on individually onto this message I would.

I will look at advocacy and writing. I have tried advocacy before for something else and the weren’t able to help me in time.

As for boundaries. I really wish this were the case however, having read around, the council (freeholders) sold my landlord the lease and he is allowed to sublet. It seems that it’s sold with conditions so maybe the council still have clout. Besides, I have also read that it is an offence to not allow them in. This is from the housing act (and why I worry about getting into trouble for not talking with them verbally):

Powers of entry.
(1)A person authorised by the local housing authority or the Secretary of State may at any reasonable time, on giving [F1seven days] notice of his intention to the occupier, and to the owner if the owner is known, enter premises—
(a)for the purpose of survey and examination where it appears to the authority or the Secretary of State that survey or examination is necessary in order to determine whether any powers under this Part should be exercised in respect of the premises; or
(b)for the purpose of survey and examination where a demolition F2. . . order, F3. . . , has been made in respect of the premises; or
(c)for the purpose of survey or valuation where the authority are authorised by this Part to purchase the premises compulsorily.
(2)An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised [F4and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf].
Penalty for obstruction.
(1)It is a summary offence [F5intentionally] to obstruct an officer of the local housing authority or of the Secretary of State, or any person authorised to enter premises in pursuance of this Part, in the performance of anything which he is by this Part required or authorised to do.
(2)A person committing such an offence is liable on conviction to a fine not exceeding [F6level 3] on the standard scale.

You don't have to speak to anybody if you don't want to op,
you're not in a court of law - it's your home and they have no right to question you if you tell them you want them to put in writing what the issue is.

Can you take yourself off to the garden or balcony whilst they do their inspection so you don't have to be there when they do it?

Do you have any inkling about the asb issue - you say you feel you have not done anything but could you have inadvertently done so? Tbh imho it is really between the council and your ll initially as the council has no contract with you .

Where are you based OP? Roughly

OP you’ve got this all mixed up. All the things you’re reading relate to council house tenants. You are not a council tenant. There is no subletting.

Oh... ok... hmm... it’s Camden Council in London. I was trying to figure out what his situation, I think it’s this: www.camden.gov.uk/ccm/content/housing/council-tenants-and-leaseholders/homeownership/renting-out-your-property/

The flat is in a block of flats. So I assume he can’t be a freeholder. And as a leaseholder, the freeholder could have conditions.

Sorry, I am happy to consider what you are saying, it’s just there’s this info that seems compelling.

Yes, ideally I don’t want to speak to anyone, so long as I don’t get into trouble for it.

As for an inkling, I’m genuinely not sure. The only trouble in the block has been from rubbish disposals but I know that’s not me that’s the problem, but maybe they don’t know that.

Ok well they’re not using the term sub let in the traditional sense.

I don’t understand why, when you’re being told they have no right of entry, you’re so insistent you are going to get into trouble?

You need an advocate. Shelter should either be able to help or put you in touch with someone who can.

You can make any inspector wait until you have an advocate available, since they want to enter your home. Also you have a mental health problem which again means you are perfectly entitled to refuse to speak to someone without an advocate present.

You need to make them aware of your mental health condition. I'm not surprised you don't want this face to face meeting in your home. It does sound intimidating and I would be asking them to give specifics before I would discuss it with them and as a tenant of a leaseholder, I wouldn't want the freeholder's representative in my home either. I think they must think there is a breach of lease conditions - potentially the freeholder can forfeit a lease for breach, but it rarely happens.

You do not have to let a housing officer who has no legal relationship to you, into your property. Read the HA again and you will see none of those scenarios apply to you.

Ok, thank you all for your advice, it’s certainly been comforting and will take all these things into consideration. I really wish I had started participating with Mumsnet years ago, I’ve never received so much warm help, thank you again xxx

Would recommend advice from pp regarding Shelter etc. See what they say, but could also be worth contacting your MP as they should also be able to offer advice and write to the Council on your behalf to find out what’s going on.

Given you’re under Camden Council area your MP is probably either Tulip Siddiq or Keir Stamer, but to find out for sure you can use this website and put in your post code - www.parliament.uk/mps-lords-and-offices/mps/ . You can them contact them via email.

Keep posting in here though, there are lots of wise people who will help

All - I'm not sure you are quite right about OP not having to let them in etc. I own the leasehold of a flat that the council own the freehold to. So although I own the lease and everything inside the walls, the actual structure is owned by the council and I have a 125 year lease to live in it. As such, the council can dictate many things to me (what I can change and can't, whether I can change windows and external doors, what structure I can add in garden etc) and whether I can sublet it or not (which is the legal term used in their 50 page lease...) the free holder (council in this case) can take action in the case of complaints of things such as ASB. In extreme cases, they can terminate my lease and repossess and I can lose a lot of money. in the case of subletting, my tenants have to abide by all the rules I would have to abide by, and should I not uphold the rules with a tenant I can then also have my lease terminated (it's shit, but also how it is)

OP - the very best advise is to approach shelter. They will know exactly where you stand and what you can / can't do. Good luck