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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i have recently had a visit from barking and dagenham council

Resolved Question:

i have recently had a visit from barking and dagenham council to carry out a survey on my bathroom and kitchen. at the end of the survey the council reps informed me that the council are going to completely strip out my kitchen and refurbish it. i am rather perturbed by this mainly because i personally completely modernised the kitchen with new cabinets, worktops,flooring tiled the walls from floor to ceiling (with expensive tiles) this was done in 1999. i would hope that you could advise me as to where i stand legally. i did sign some paperwork at the time of the visit and told them that i was not happy with their decision. can you please help. many thanks, ***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know if you are a council tenant and if so what type of agreement you have?
Customer:

i am a council tenant, i have the usual council agreement

Alex Watts : Are you a secure tenant?
Alex Watts : Does the agreement allow them to refurbish?
Customer:

i believe that i am a secure tenant and there is nothing in the agreement with regard to refurbtshment. i hope that this helps geoff rutherford

Alex Watts : Thanks Geoff. On what basis are they seeking to refurbish then if the agreement does not allow it?
Customer:

thanks alex, as i said in my previous email to you there is nothing in the agreement regarding "refurbishment" by the council

Alex Watts : Ok, I assume you don't want them to do the work?
Customer:

dear alex, this is correct. geoff

Alex Watts : Ok you need to write to the Chief Officers office at the council and make a formal complaint and say you don't want it done.
Alex Watts : This is because if it is not in the agreement they can refurbish then they can not, it would be breach of contract
Alex Watts : the chief officers office is independent and will examine the complaint. They will come back to you and say whether they uphold the complaint
Alex Watts : If they do not uphold the complaint then you can complain to the local government ombudsman. They are independent of the council and can examine your complaint for free. Their website is www.lgo.org.uk
Alex Watts : If they do not uphold the complaint then you can seek a judicial review of the councils decision. The matter will go before a judge who will examine the agreement and whether or not they have the right to do the work.
Alex Watts : The court will either agree with the decision or remit it back to the council
Alex Watts : Can I clarify anything for you about this today please?
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