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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I rent a Council Flat in London, and there is a group of

Resolved Question:

Good morning,I rent a Council Flat in London, and there is a group of people slandering others, and especially me. They have told other residents that I will be kicked out of my flat by the Council. How can I avoid this?
Submitted: 3 months ago.
Category: Law
Expert:  Joshua replied 3 months ago.

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

I am sorry to read of your circumstances. May I clarify is your question how you can avoid being kicked out or how you can avoid being slandered?

Customer: replied 3 months ago.
Hello Joshua, and thank you for answering. I think we need these people to be stopped the slander. And secondly, I have not heard from the Council asking me to leave, but I have been asked by the Council to step down from being the Chair of the Residents Association because of this slanderous comments. These people have targeted a few residents already, have two residents removed, and the Council is on their side.
Customer: replied 3 months ago.
I work on my phone, therefore I won't be able to talk to you.
Expert:  Joshua replied 3 months ago.
  1. Thank you. May I enquire as to the very brief nature of their allegations/slander? Please do not trouble yourself with detail, just the very bare outline.
  2. Are you up to date with rent payments?
Customer: replied 3 months ago.
1 I am a lesbian (not true)
2 I have been kicked from my 4 previous houses, as nobody likes me.
3 I name people from the Council. Not true.
Expert:  Joshua replied 3 months ago.

Thank you. None og the above is grounds to remove you form a secure council tenancy. The council will have to show that you are behind in your rent or you are in substantive breach of your tenancy terms to in order to evict you.

the statements you mention amount of defamation and if you can show they have been communicated to a third party and you have suffered reputational damage as a result, you have the basis to claim damages. The difficulty with defamation claims however is that they are expensive and therefore generally reserves of those who have deep pockets as legal aid is not available to pursue defamation claims. However, this does not prevent you forwarding a cease-and-desist letter putting them on notice that you consider that their actions are defamatory and requiring their undertaking to cease-and-desist and requiring apology in respect of statements made to date failing which you reserve your right to claim damages. Such a letter as free to send unless you require more assistance in preparing it and can be effective in making people think twice.

a difficulty arises however where behaviour borders on antisocial and where individuals concerned have little in the way of assets or little regard for potential financial claims as a result. The behaviour you mention will also appear to amount to harassment which is a criminal offence under the protection against harassment act and you could consider involving the police in this respect. You could also consider a complaint for antisocial behaviour to the council if they are the landlord to the individuals concerned. .. The council has a duty to treat you fairly and not favour any particular tenant and should you find a particular officer is not doing so, you can consider raising a formal complaint in respect of that officers handling of the matter so that another council officer can independently review. If you're not satisfied with the results of that review, you can escalate your complaint through the council's formal complaints process and ultimately if you remain unsatisfied, you can refer your complaint to the relevant "designated person" which will either be a local counsellor, MP or tenants panel - the council must give you details.

if you are still unsatisfied with the results, you can that point refer your complaint to the Housing ombudsman independently review the council's conduct and make a decision which is binding upon the Council. Their service is free.

http://www.housing-ombudsman.org.uk/

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