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View Full Version : Landlords Responsibilities and which legislation sets them - question from a tenant



TopTenant69
13-12-2011, 10:22 AM
Hi Guys,

Having searched the UK internet I found some leads but no 'plain english' answers and wondered if I might find the answers I'm looking for from actual Landlords instead.

I have had the misfortune of my council flat & garage being handed over to a housing ass a numbers of years ago.
I currently have two outstanding issues which are effecting me and I have open complaints with my Housing ass which aren't getting anywhere except sending me 'politely worded' we're not going to do anything about it letters.

1. Noisy neighbour - seems to lead a nocturnal lifestyle and as a result it impacts on my ability to fall asleep. The main complaint is door slamming late at night between 10pm and 4am - sometimes 20-30 times an hour. I suspect there is something wrong with the doors as I cannot get my doors to make such a noise when I close them unless I close them with great force.

2. My garage is on the estate road and when I moved into it (still run by the council) all the speedhumps were proper where you had no choice but to drive over them. When the Housing ass took over they ripped out the estate roads and resurfaced and installed speedhumps, some in the existing locations other in new locations. A number of these speedhumps do not span the width of the road, so you can simply drive around them. They installed a new hump almost outside my garage but its one which you can drive around as it doesn't span the width of the road. So I have now had 10's of near collisions with cars driving around the speedhump and me as I am exiting my garage (because it is the first garage past the speedhump on the drive-around side). The speedhump does look like it isn't finished and perhaps the contractor saved some cash and never installed bollards in the gap next to it (as some of the old speedhumps had to stop being able to drive around them). So this avoidable speedhump is a danger to my safety on the estate and when using the garage I have rented from the Housing ass (my landlord).

In case 1 above, a housing officer deal with it for 2 months then decided its an ASB matter and then the ASB officer sent me 3 months of updates then closed the case stating its not ASB but 'normal domestic noise'. No explanation of how they decided this outcome without any further meetings with me or even witnessing the noise or anything. I then wrote to the housing officer with more incident sheets - the director of housing services emailed me back saying there will be no further action on this nightly noise issue.

In case 2, the Housing ass is insisting these speedhumps are safe and were installed because the 'community' wanted safer estate roads and if I'm unhappy about it I should go to a 'community meeting' and raise it. They are not interested in the fact it is endangering my individual safety as their tenant & that it wasn't a like for like replacement were the old speedhump had bollards to the side of it to stop it being driven around and the new one doesn't - so the landlord has actually compromised safety by constructing speedhumps which can be driven around.

Sorry its long, but I've tried to explain the core as short as I can.

I have tried searching the rules & legislation which the Housing ass needs but haven't found concise answers.
I've searched the Housing Act - but seems very high level.
I've searched the TSC - seems vague whether they enforce anything or not.
The Housing ass own 'standards' seem to be a copy of the TSC and they don't seem to count for much.
I've searched H&S but can't find anything specific to housing estates.

Although I'm not a landlord I wondered if anyone could shed any light on this, as I was hoping that it would strengthen my case if I could quote specific legislation citing the Landlords responsibilities in the above 2 cases.

Thanks for reading.

theartfullodger
13-12-2011, 10:30 AM
Sorry to read your story: Sadly HAs can be less than perfect in such circumstances..

Strongly suggest you 'phone Shelter
0808 800 444 see..
http://england.shelter.org.uk/get_advice/how_we_can_help/housing_advice_helpline


Shelter provides a free, national telephone advice line staffed by trained housing advisers. We have helped thousands of people, from finding them a place to sleep to suggesting how to handle mortgage arrears.
Ring 0808 800 4444

8am-8pm Monday-Friday
8am-5pm Saturday-Sunday

Calls are free from UK landlines and main
mobile networks (Virgin, Orange, 3, T-mobile, Vodafone and O2).



or look on their website
http://england.shelter.org.uk/home
in particular..
http://england.shelter.org.uk/get_advice/renting_and_leasehold/housing_association_tenancies

Shelter are very much the experts in Housing law, including Housing Associations..

Re.. ASB complaints, beware,, It is not uncommon for counter-claims of ASB to be made, which may result in "his word against theirs" standoff or, worse, if several other tenants get together, the original, innocent, complainant eventually being evicted.. Tread carefully.

Which sort of tenancy do you have ?? "Secure" would be good...

Why (in what way..) are the speedhumps/bollards a danger to you - rather than everybody ...(sorry if I'm being thick...)??

Best regards