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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 18398
Experience:  Solicitor
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I live in a private property but which is owned by a housing

Customer Question

I live in a private property but which is owned by a housing association. For various reasons (which I can go into mainly health related) I have significant arrears which are being sorted. I have lived here for 12 years. Repairs have never been fully resolved during this time. For 10 years I have had what I believe are health and safety issues with the windowns in my main bedroom (they've never closed properly and every time someone came to fix it appeared to worsen - the last visit (two years ago) by them I was told they would be replaced. Nothing happened. In October last year I had a leak and was with cold water and no heating for one month before it was fixed; by this point I had moved into the smaller spare room because the windows are functional, I still stay in this room..
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have three medical conditions which have made it particularly challenging this year I am HIV positive and was diagnosed 7 years ago, I also suffer from a rare blood disorder ITP which was diagnosed around 12 years ago and I have suffered from clinical depression and anxiety diagnosed many years ago, but I have worked throughtout until the last few years where I have consulted on small projects. My contact is extremely agressive and confrontational on the phone, asks me questions which I do not believe he should be asking and hangs up on me, it leaves me in a state of extreme anxiety, Can he be changed to someone less agressive in their approach.
JA: Have you talked to a lawyer about this?
Customer: No I haven't
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I am starting to pay my arrears with UC, have applied for supplementary payment to cover the 600 per month short fall and will apply for PIP when I am able to get myself together.
Submitted: 11 days ago.
Category: Law
Expert:  Jamie-Law replied 11 days ago.

Hello, my name is ***** ***** I will help you. I am just reviewing your question. Hopefully, we can get this resolved quickly.

Expert:  Jamie-Law replied 11 days ago.

It sounds as if you have a claim for Housing Disrepair and can sue them for breach of contract.

You need to write a letter, set out your losses and request compensation within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

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 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 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.

You could also see a no win no fee Solicitor. I would suggest www.mckielegal.co.uk

They specialise in Housing Disrepair cases.

Can I clarify anything for you about this today, please?

If you need anything further I am available for a follow up at no extra cost.

Customer: replied 11 days ago.
The agent who deals with me is extrememly agressive and rude on the phone, I believe he asks questions that he shouldn't. I leave every call in a state of extreme anxiety. For example he asked how could I possibly work if I find it difficult to leave the house, none of his business i think, but the consultancy work I seek is home based. He also hung up when I started to talk about the repairs.
Customer: replied 11 days ago.
I cann't afford to talk to you, I am on UC
Expert:  Jamie-Law replied 11 days ago.

Indeed. You should consider making a claim

They have a duty to keep the property in good condition under Section 11 of the Landlord and Tenant Act 1985

Does that assist?

Customer: replied 11 days ago.
It's more about the agression and rudeness, given my health issues he still is extrememly agressive, Refuses to listen to anything not connected to the arrears, when I've approached the disrepair issues he hangs up
Customer: replied 11 days ago.
It leaves me in a state of extreme anxiety, should I tell my dr who is already aware of their approach to write a letter?
Expert:  Jamie-Law replied 11 days ago.

I agree. You should tell your GP

You should also consider writing to the Chief Executive of the Association to make a formal complaint.

Does that help?

Customer: replied 11 days ago.
One other thing, I am a private tenant that tyhe property happens to be owned by a housing association. I'm not social housing I pay market rates and have lived here for over 12 years. I asked if i could get flat mate to assist with rent or AirBnb abd was told categorically no. Is this legal?
Expert:  Jamie-Law replied 11 days ago.

You would need to check your agreement to see whether you can rent a room or sublet.

Does that assist?

Customer: replied 11 days ago.
Thank you Jamie
Expert:  Jamie-Law replied 11 days ago.

Can I assist with anything else today?