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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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Can I sue at my landlord (council) and

Customer Question

Can I sue at my landlord (council) for discrimination and victimisation for refusing to carry out a general repair and improvement to my property that has been carried out to all order, and for no apparent reasons. where can i file my case i.e tribunals
/ county court?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Have they discriminated against you because of sex, race, colour, age, religion etc or have they just been a rubbish Landlord?
Customer: replied 1 year ago.
They have discriminated against me because of my race and victimised me for complaining too. They have also excluded me from essential repair works
Expert:  Ash replied 1 year ago.
How have they discriminated because of race?
Customer: replied 1 year ago.
For instance, they are reluctant to bring action against this Neighbour because this Neighbour is white and I'm ethnic. By their own words they said that they feel that I have been through a lot and I feel really sorry for you. But yet they have not filed the case even though they have a confession from this Neighbour in an interview that this Neighbour is using drugs in the property and is aggressive towards me. This Neighbour also smashes and vandulise his property and has noise disturbance issue. Including other antisocial convictions in and around the area.
I read in the antisocial charter that the courts are instructed to evict if there is a conviction. This Neighbour as been convicted twice and given prison sentence for harassing me.They have refused to carry out essential repair works to my property and have carried out majour improvement works to all other properties excluding mine. All this occupants are white except for me. I has been humiliating to be asked time and time again when are they doing your property.I made a formal complaint and they replied that works are not being carried out to my property because I have complained about my Neighbour's antisocial behaviour. Even this Neighbour has had works carried out.
My they refused to respond to my complaints. I was also told at a visit to my property that "it's a question of genetics, different race get cold quicker than others. It's been proven". This comment reduced me to tears as I was being denied heating because of my genetics. They dismissed my complaint even though I have no heating. But they have replaced the other properties with new heating and boiler systems even. And refused to carry out even simply repair on mine
Expert:  Ash replied 1 year ago.
Ok for the repairs how do you know that is race related? Do you know the only reason they are not taking action against your neighbour is only because you are not white?
Customer: replied 1 year ago.
yes there is no other reason. They refuse to rehouse me and have done nothing about my neighbour. I am pretty certain that if I had done half of the things that he has I would be out. For instance they wasted no time on bringing a case against me for breaching my tenancy agreement when I left the property for a short while to get a break from the whole stressful situation. I am not antisocial and have alway been polite and cooperative with the landlord.
When I complained about how I am being treated, I was told things like "it's the way you speak to people", this by landlord officers that said she has never met me before and who admits that I am not rude to her.
I have had my property broken into for an overflow issue (not classified as emergency work and has lowest priory. Plus this was a job that had plenty of time left before the targeted completed deadline was reached). I was locked out for over 6weeks because the landlord refused to communicate with me as to where to collect the new key. I was told to put my query in writing, which I did. But got no reply. I called called and paid visit to their office but to no avail. In contrast I had been reporting the same overflow problem for months and my neighbour would never keep any appointments made to carry out this work but my neighbour's property was not broken into. Instead more appointments were made which was not kept. Thus the repair could not be carried out because the contractors need access to both properties to do so.
I was not in for the appointment that resulted in the break in of my property because it there had been an oversight by the contractor which resulted in them not notifying me of the appointment. The contractors had called and rearrange a new appointment with me, apologising for the oversight. But shortly after I got a call from the landlord management saying that "that's not how it works, I give you an appointment and you make it." I explained that I was away and if they could tell me when they intend to come round then I would arrange for somebody to be there. The phone was dropped on me and the next I knew was that I received a voice message informing me the following day that they had broken into my property. I made a formal complain on how my case was handled and how I was spoken to by the member of staff but got no reply. I had to contact the police and MP before I was told were to collect my new key.
In addition, my property has no heating. I keep it in best order and have been forced to carry out must repairs myself. My neighbour who was used as the excuse for not carrying out these works have had heating and boiler replacement. I have no arrears and my neighbour as accumulated a large amount of arrears. I am clearly being treated differently. My neighbour was convicted twice for racial aggravated harassment and sentenced to prison thus it seems unfair that I should be told that I would not be moved or work would not be carried out because I have complained about this neighbour. This was put to me in writing.
Expert:  Ash replied 1 year ago.
Then yes you can sue the Landlord.
You need to write and set out your losses and request compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not compensate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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