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James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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I am a tenant of a council flat and have lived here 10 years

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I am a tenant of a council flat and have lived here 10 years i had a incident where a youth treatened my life and said he would petrol bomb my car. This lad then made a complaint to the housing and they are now trying to evict me. I have no rent arrears, no council tax arrears, there has never been a complaint about me in the 10 years and i have never been in trouble with eirther the police or the housing for anti social behaviour

they are requesting a meeting with me and i would like a solicitor present can you help?
Do you have a question or are you loking for solicitor? We cannot take instructions or act for you, sorry
Customer: replied 5 years ago.

I need to know what to do

Customer: replied 5 years ago.

I am asking you what my rights are and can they take this course of action? i am also asking should a solicitor be present at the meeting?

Did you report his threat to Police? What is his complaint?
Customer: replied 5 years ago.
Yes and the police are holding it in case there are any further incidents but they are saying I was rude to him and I have a housing office as witness and she gave a statement. They are saying the allegations are I was rude to a member of the public and it's breach of my tenancy
So he threatened arson which was reported to police but you were rude to him so the council are going to evict you?
Customer: replied 5 years ago.
Yes but I was not rude to him I asked him politely not to park his car on the double yellow lines blinking the entrance would he please put in a bay I am part of the tmo looking after the estate so it was in this capacity that I asked him please would he move his car. At no time was I rude and it was the council officer that rang 999 and asked for immediate attendance as the threats were so bad
She has also made a police statement in a separate room to myself which confirms everything I have said

Can you please give me the wording of the letter from the
council? I find this probably one of the most bizarre situations that I have
come across in over five years on this site.

I want to know how you know that they are trying to evict

Customer: replied 5 years ago.
They sent me emails saying I was in breach of my tenancy for being rude to a member of the public

The letter says they require me to attend a meeting at their offices to answer to the allegations made against me (althought they wont tell me what they are) and they will then decide if I have breached my tenancy. They have also told me if I do not attend that will open a asb file on me

To be quiet honest the emails from the director of housing have been appalling so much so when I asked him to write to me at my home address he said "I am having none of this silliness, I will continue to contact you by email you and you need to attend this meeting or I will open a asb file on you and move forward"

I find this absolutely
astonishing and unbelievable. (I do believe you). I would be fuming.

I would tell him to stop
contacting you by email immediately and to put everything in writing on paper.
Put it in writing yourself

I would tell him that if he
wants to pursue this course of action you will make a complaint about his
conduct to the head of the Department, and to the chief executive of the
Council and if your complaint is not upheld, you will refer the matter to the
Local Government Ombudsman.

Whether you are rude to the
public or not has nothing whatsoever to do with what is in your tenancy

However, there is nothing to
be gained by not going to the meeting, but when you are at the meeting, I would
hold my hand out and ask them to pay my expenses.

ASB is a matter for the police
and not the local authority. If they think that what you have done is ASB they
are living in dream land.

In fact, thinking about it, I
would probably bypass any head of Department and I would make a formal
complaint direct to the chief executive of the Council and the local government
ombudsman without further reference to this man who is clearly some kind of dictatorial

Can I help further?

Please bear with me today because I will be online and

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The thread remains open for us to continue this exchange.

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Customer: replied 5 years ago.
Thank you I thought it was me thinking he was being unreasonable and by your answers I know he just uses his position to bully people
I think that you are right. It happens with a little power from time to time.