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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a council tenant who applied for the right to buy my

Customer Question

Good evening. I am a council tenant who applied for the right to buy my flat. The council rejected my application claiming that, I have not lived in the property for the past 12 months which was a lie anyway. When I called the officer incharge, she told me that my housing officer informed them that I rented my home to someone else, that I should contact the housing officer for more details. I was able to finally speak to him. Instead of answering my questions concerning the conflicting reasons for not approving my application, he referred me to someoe else which I called several times, who refused to speak to me nor return my calls. Before now two officers from the council came to my home to find out about the tenants occupying my home. I gave them all that they came for. During this visit, I was treated in an inhuman and degrading maner as if I was a terrorist. They went into all the rooms, opened all my cupboards and waldrop which was unnecessary. Now they decided to harasse me again by sending another group of officers to my home for the same inspection without informing me of their visit, I did not allow them into my home this time. I need an advice on what to do. Thanks.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

What would you like to know about this today please?

Customer: replied 1 year ago.
Why are you charging my card and thanking me for my business when I have not received any answer to my question yet?
Expert:  Ash replied 1 year ago.

I have asked a question before I can give you an answer.

I need to know - What would you like to know about this today please?

Customer: replied 1 year ago.
I already told you about the situation I am facing with the council. What is the law against local council harassment and what can I do to stop it apart from taking them to court? What should I do about the lies/ unfair treatment and give me the right to buy my home? What should I do when next they come again to my home without informing me of their especially with the fact that they have been before for the same issues? Thanks.
Expert:  Ash replied 1 year ago.

Have they suspect fraud, or was it just an 'inspection' please?

Customer: replied 1 year ago.
They might have suspected fraud, but why that, I don't know. I sometimes do have family member/friend to stay over. If that is the reason, am I in bondage because I am a council tenant and so therefore can not have visitors?
Expert:  Ash replied 1 year ago.

You need to write to the Chief Officer and make a formal complaint. That department will investigate the matter and report back to you. If they do not uphold your complaint you can take it further to the Local Government Ombudsman.

They regulate Councils and consider your complaint. They offer a free, independent service and can be contacted at: www.lgo.org.uk

But they can't just turn up out of the blue and treat you in this appalling way. I am sure they need to give you notice as per your tenancy agreement.

You can also consider a Judicial Review of their decision just to turn up. This is where a High Court examines the decision of the Council to see whether it is legal and reasonable.

The Court can agree with the decision or remit it back to the Council for reconsideration

These are specialist proceedings so you may need to instruct a Solicitor to represent you.

For more information on Judicial Review please see:

https://www.justice.gov.uk/downloads/courts/administrative-court/applying-for-judicial-review.pdf

But it may be that the Local Government Ombudsman deals with this for you in a quick way

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 3, 4 or 5 starts before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.

Please bookmark my profile if you wish for future help.

Customer: replied 1 year ago.
I am not satisfied with your answers. All the suggestions you made, I am already aware of because they are all in my tenant handbook. I needed a more law related response from you. For example, what law specifies the process the council would have taken if they suspected I was not living in my home. But they waited for my to apply for the right to buy before bringing that up. And also the law on how long family members and friends can stay in your home. The law against local council harassment of their tenants. This some of the obvious answers I expected from you. Thanks.