In May 2015 the High Crt ruled in the case of Paul Nicolson v Tottenham Magistrates Crt, HERE with Haringey council as Interested Party,
"relating to the costs sought by local authorities with regard to the enforcement of unpaid council tax"
that
" i) the Magistrates did not have sufficient relevant information before
them to reach a proper judicial determination of whether the costs
claimed represented costs reasonably incurred by the Council in
obtaining the liability order;
ii) the Magistrates erred in law by failing to make further inquiries
into how the £125 was computed and what elements it comprised; and
iii) the Claimant was denied a fair opportunity to challenge the
lawfulness of the order before it was made, by reason of the failure to
answer his requests for the provision of information as to how the sum
of £125 was arrived at."
23 December 2015 HERE the same issue of council tax recovery costs and not following the rules, produced the same results in regards to Highbury Corner Magistrates Crt with Camden council as Interested Party.
Yes its the Terence Ewing again and this time it may be a first in that
a) JP ruled not an abuse of process/vexatious and
b) he actually won a case.
I'm guessing many in the TE camp will be jumping up and down in joy at TE's victory and are in further awe of him and his gang/s.
These two court cases where not a victory in regards to the fairness of council tax demands, or anything like that - only that it showed the magistrates up for not following the proper rules in relation to the issuing of council tax liability orders on behalf of the local councils. It also showed the local councils up for not following the proper rules when starting enforcement action for non payment of council tax with added recovery costs
But I guess at the end of the day it may all be about scoring points, looking good to followers/supporters and creating the illusion that they are a force to reckon with. The authorities may be unintentionally handing them these cases on a plate.
On saying that the bigger issue could well be that both councils and indeed all councils and magistrates crts make sure they take note of the judgements and follow the proper procedures, which in reality may be a problem to regulate.
Monday, 28 December 2015
Friday, 11 September 2015
Sunday, 9 August 2015
Damp Patch on interior wall and ceiling of Flat
On top of the long term noise nuisance problem ie no sound proofing installed when landlord Camden council converted the property in the late 1970,s and the knackered old water pipes that bang, hiss and creak a lot when water is used and cause a nuisance, plus a few leaks (nearly forgot the pressure noise) I have now discovered a damp patch in hallway of flat- see below pics. Notice the white casing which encloses electrical wiring near where the damp is.
The wall paper peeled away very easily.
Have contacted repairs and await their action over the matter.
Notice I still have that horrible (imo) chip wood paper on some of the walls the council put up because I really can't be arsed to do much to this flat because it has never really felt like a home
NB don't get me wrong that I am not grateful to have a roof over my head, and to have a secure tenancy, because I am grateful, and I don't really ask for much in life, but its now gotten to the point with my added health problems and getting old(er) that I just want somewhere decent to call home and I'm not giving up this time like I have in the past.
I'm not the only one in this situation, lots of people are and i'm sick and tired of people having to fight (if they are able to and not every is able to) land-lords, the gov for a simple decent 'home' to live in.
Some people may think that being a council tenant comes with a whole load of benefits, some yes, but not that many unless of course you're one of the 'chosen ones' or have contacts in the council. And I know some tenants are a pain just as some council people are in my experience, but sometimes it seems like its just a job to some council people, tick this box - there we homed them, doesn't matter though what state the property is in or how suitable or not it is. Peoples environments matter whether they be living, working or play, they all have an effect whether good or bad on people.
Finished me rant - for now.
Update 15 August 2015
Not heard anything from housing repairs team yet about my report to them (via email) last Sunday of damp patch with above pics. Water is rolling down wall on a daily basis. Not a lot of water but enough to keep the wall wet.
19 Aug 2015
Plumber - apprentice and supervisor came to flat this afternoon.
2 September 2015
Plumber came yesterday in the morn(about the noisy pipes) to try and access all flats but could only access 2. This time the tenant in top flat (most of the noise comes from when top flat water is used) was asked to turn on the hot water and I could hear the noise from pipes quite clearly in my living room.
Plumber came down and I said I can hear the noise from pipes and he went over to pipes and bent forward to listen and asked is this where the noise is coming from or something similar and I said yes and I also mentioned the noise (not then though) along ceiling.
When he went outside to do mains check neighbour next door approached him and I went out as I wondered what it was to do with her - as it turns out and I had not been aware of this was that she could hear the loud banging noise from pipes and something like a bubbling boiler (which worried her) and informed him of what she could hear and that it woke her up at night. That it had been going on for years.
I said I'm glad you said what you said as over the years I have gotten the impression that the landlord thinks I'm making up my reports of the noise - or something.
Anyhow, plumber replaced ball cock ( said something about valve) in upstairs loft water tank to see if that fixes the problem and off he went.
Later in early morn I could hear water pressure noise - then the banging pipes, but not as bad as it usually is. Will give it a little while to hear whether usual noise returns.
Also have surveyor coming about water leak in hallway. Discovered that part of wall near my bedroom window is a bit damp as wallpaper bubbling and whole strip came away easily. No water coming down wall though as far as I can see.
Update 22 Sept 2015
Surveyor came the other week to inspect the water damage on the wall in hallway and in bedroom, he said something about condensation and used one of those hand held gadget things against the walls which bleeped and red light and high number read and I asked him did it mean the wall was damp and he said yes. Then something about having to get into flat above and pull up things, then off he went.
Then plumber came today to inspect the walls in flat (and part of ceiling which is crumbling apart) then looked out of b/r window and said the outside wall was wet, which at the time I thought yeah its raining, but later had a proper look and saw what he meant - see below pics
and
Then he went to flat upstairs and I didn't see him again.
Hopefully the having-a-look stage has finished and the work that's needed gets underway soon.
Update 30 Sept 2015
The toilet overflow pipe for flat above which is situated on wall of patio/balcony below toilet window has water coming out of it. I'm guessing the plumber who came to inspect both flats on the 22 Sept 2015 would have seen the water.
No word yet from repairs team since plumber came on 22 Sept 2015 about further appointments.
Update 18 October 2015
Roofer came last Monday to look at upstairs patio - was up there about 5 minutes then left.
Has been 2 months now since I reported the damp patches to landlord - a number of appointments to look at things but little else as far as I am aware.
Update 27 October 2015
Found out from tenant above that she has another appointment this week for plumber or whoever to look at things.
As far as I know water is still coming out of tenant above me toilet overflow pipe which comes down onto the patio roof, which has to be replaced apparently. Am still getting water coming down the wall in hallway, can't really see if it comes down on bedroom wall as much as though it is damp the layer of paint beneath the wallpaper that came off, is still on the wall though some of it is bubbled so can't see the water so obviously as hallway hall. Outside wall below part of patio where the inside damp is, is notably wet.
31 Oct 2015
Plumber came and changed ball cock in upstairs toilet re toilet water overflow pipe and had a look again at the damp walls in my flat and damp wall outside my window. Said something about moving upstairs water overflow pipe inside. Said something about trying different things to see if its works. Time will tell - so far no noticeable water coming down hallway wall since about Thursday.
These things can take some time what with making appointments suitable for tenants and whatnot.
3 Nov 2015
It has been 5 days now since plumber came and changed ball cock in upstairs flat loo and I haven't noticed any water on hall way wall. Guessing the toilet overflow was part of the problem, which has now been fixed. The next test I think is for when it rains heavily to see if water comes down wall and if so then report it to landlord.
Once the problems with the flat above have been sorted out and the water has stopped coming into my flat, I will have to get onto landlord to re- report the damage the damp has done to my walls and part of the hallway ceiling. I will re-report it because the landlord doesn't work in a joined up way in such matters.
Dec 17 2015
A plasterer from the landlord came to look at the damage to the wall in the hallway and bedroom last week. He hadn't been briefed on the problem and wanted to start when he came but I queried whether the walls had dried out as no one from the council has made this clear to me since I reported that the water coming down the hallway wall had stopped following the ballcock change, he went away and an appointment for next month was sent to me.
The landlord doesn't do internal decorating anymore apparently but have some other process one has to go through.
I don't know if its connected but neighbour has had someone in flat for last 2 days doing some work. I think they have been using white paint which dripped onto lino floor outside flat door (not cleaned up) and newspaper taped down on floor at flat door, inside flat. No noticeable new painting done in communal area.
16 Feb 2016 post update HERE
Have contacted repairs and await their action over the matter.
Notice I still have that horrible (imo) chip wood paper on some of the walls the council put up because I really can't be arsed to do much to this flat because it has never really felt like a home
NB don't get me wrong that I am not grateful to have a roof over my head, and to have a secure tenancy, because I am grateful, and I don't really ask for much in life, but its now gotten to the point with my added health problems and getting old(er) that I just want somewhere decent to call home and I'm not giving up this time like I have in the past.
I'm not the only one in this situation, lots of people are and i'm sick and tired of people having to fight (if they are able to and not every is able to) land-lords, the gov for a simple decent 'home' to live in.
Some people may think that being a council tenant comes with a whole load of benefits, some yes, but not that many unless of course you're one of the 'chosen ones' or have contacts in the council. And I know some tenants are a pain just as some council people are in my experience, but sometimes it seems like its just a job to some council people, tick this box - there we homed them, doesn't matter though what state the property is in or how suitable or not it is. Peoples environments matter whether they be living, working or play, they all have an effect whether good or bad on people.
Finished me rant - for now.
Update 15 August 2015
Not heard anything from housing repairs team yet about my report to them (via email) last Sunday of damp patch with above pics. Water is rolling down wall on a daily basis. Not a lot of water but enough to keep the wall wet.
19 Aug 2015
Plumber - apprentice and supervisor came to flat this afternoon.
2 September 2015
Plumber came yesterday in the morn(about the noisy pipes) to try and access all flats but could only access 2. This time the tenant in top flat (most of the noise comes from when top flat water is used) was asked to turn on the hot water and I could hear the noise from pipes quite clearly in my living room.
Plumber came down and I said I can hear the noise from pipes and he went over to pipes and bent forward to listen and asked is this where the noise is coming from or something similar and I said yes and I also mentioned the noise (not then though) along ceiling.
When he went outside to do mains check neighbour next door approached him and I went out as I wondered what it was to do with her - as it turns out and I had not been aware of this was that she could hear the loud banging noise from pipes and something like a bubbling boiler (which worried her) and informed him of what she could hear and that it woke her up at night. That it had been going on for years.
I said I'm glad you said what you said as over the years I have gotten the impression that the landlord thinks I'm making up my reports of the noise - or something.
Anyhow, plumber replaced ball cock ( said something about valve) in upstairs loft water tank to see if that fixes the problem and off he went.
Later in early morn I could hear water pressure noise - then the banging pipes, but not as bad as it usually is. Will give it a little while to hear whether usual noise returns.
Also have surveyor coming about water leak in hallway. Discovered that part of wall near my bedroom window is a bit damp as wallpaper bubbling and whole strip came away easily. No water coming down wall though as far as I can see.
Update 22 Sept 2015
Surveyor came the other week to inspect the water damage on the wall in hallway and in bedroom, he said something about condensation and used one of those hand held gadget things against the walls which bleeped and red light and high number read and I asked him did it mean the wall was damp and he said yes. Then something about having to get into flat above and pull up things, then off he went.
Then plumber came today to inspect the walls in flat (and part of ceiling which is crumbling apart) then looked out of b/r window and said the outside wall was wet, which at the time I thought yeah its raining, but later had a proper look and saw what he meant - see below pics
and
Then he went to flat upstairs and I didn't see him again.
Hopefully the having-a-look stage has finished and the work that's needed gets underway soon.
Update 30 Sept 2015
The toilet overflow pipe for flat above which is situated on wall of patio/balcony below toilet window has water coming out of it. I'm guessing the plumber who came to inspect both flats on the 22 Sept 2015 would have seen the water.
No word yet from repairs team since plumber came on 22 Sept 2015 about further appointments.
Update 18 October 2015
Roofer came last Monday to look at upstairs patio - was up there about 5 minutes then left.
Has been 2 months now since I reported the damp patches to landlord - a number of appointments to look at things but little else as far as I am aware.
Update 27 October 2015
Found out from tenant above that she has another appointment this week for plumber or whoever to look at things.
As far as I know water is still coming out of tenant above me toilet overflow pipe which comes down onto the patio roof, which has to be replaced apparently. Am still getting water coming down the wall in hallway, can't really see if it comes down on bedroom wall as much as though it is damp the layer of paint beneath the wallpaper that came off, is still on the wall though some of it is bubbled so can't see the water so obviously as hallway hall. Outside wall below part of patio where the inside damp is, is notably wet.
31 Oct 2015
Plumber came and changed ball cock in upstairs toilet re toilet water overflow pipe and had a look again at the damp walls in my flat and damp wall outside my window. Said something about moving upstairs water overflow pipe inside. Said something about trying different things to see if its works. Time will tell - so far no noticeable water coming down hallway wall since about Thursday.
These things can take some time what with making appointments suitable for tenants and whatnot.
3 Nov 2015
It has been 5 days now since plumber came and changed ball cock in upstairs flat loo and I haven't noticed any water on hall way wall. Guessing the toilet overflow was part of the problem, which has now been fixed. The next test I think is for when it rains heavily to see if water comes down wall and if so then report it to landlord.
Once the problems with the flat above have been sorted out and the water has stopped coming into my flat, I will have to get onto landlord to re- report the damage the damp has done to my walls and part of the hallway ceiling. I will re-report it because the landlord doesn't work in a joined up way in such matters.
Dec 17 2015
A plasterer from the landlord came to look at the damage to the wall in the hallway and bedroom last week. He hadn't been briefed on the problem and wanted to start when he came but I queried whether the walls had dried out as no one from the council has made this clear to me since I reported that the water coming down the hallway wall had stopped following the ballcock change, he went away and an appointment for next month was sent to me.
The landlord doesn't do internal decorating anymore apparently but have some other process one has to go through.
I don't know if its connected but neighbour has had someone in flat for last 2 days doing some work. I think they have been using white paint which dripped onto lino floor outside flat door (not cleaned up) and newspaper taped down on floor at flat door, inside flat. No noticeable new painting done in communal area.
16 Feb 2016 post update HERE
Sunday, 26 July 2015
Tenants Right to Manage
Back in April 2011 the then Conservative housing minister at the Department for Communities and Local Government (DCLG) introduced a new tenant housing management scheme called the Tenant Cash Back Scheme. This is part of the broader Community Cashback scheme. Click HERE to read what the housing minister had to say about the scheme (April 2011).
The scheme is about tenants taking on small scale housing repairs and maintenance services from their landlord.
In July 2013 we hear that the first tenant cash back scheme has been started in Camden by the Russell Chambers Residents Association HERE
" Camden Council has agreed to pay the group what it would normally cost to run this part of the service and has signed a Cashback Agreement with the group to formalise the delivery of the service in the longer term."
Council tenants legal Right to Manage stems from section 27 of the Housing Act 1985 HERE.
The Housing (Right to Manage) Regulations 1994 HERE prescribed how tenants where to legally go about taking on housing management functions.
[updated 2 Sept 2021] I missed the Statutory Guidance for the 2012 Right To Manage regulations of Dec 2013 found on the Governments website HERE
In June 2011 the Camden Association of Street Properties (CASP) and the council colluder's entered into an housing management agreement to provide, not an existing service, but a new service for targeted tenants who live in council street properties. Click HERE for casp write up on the gardening project.
Why no above board and open management agreement with CASP or indeed the DMC's who CASP get money from to carry out the gardening maintenance service? Some dmc members also run community halls based on/near the estate they live in. They are for use of all the community but are paid for from the housing revenue account.
According to Camden councils website HERE there are 6 TMO groups in Camden
- Abbey Road housing co-op
- Agar Grove Tenant Management co-op limited
- Chalk Farm housing group
- Carol street housing co-op
- Godwin and Crowndale housing co-op
- St Pancras Court housing co-op
A few years back I asked Camden council via the FoI Act what legal powers/legislation they where using to fund the 5 dmc's - or words to that effect and I was informed that it was the wel-being powers within Local Government Act 2000 HERE.
I also asked:
" Dear Camden Borough Council,
Please provide me with the following information:
1. A copy of the initial and subsequently updated agreement/s the
council entered into with the five district management committee's
(dmc's) - Holborn, Camden Town, Kentish Town, Gospel Oak and
Hampstead - that enables dmc members to allocate large sums of
public funding to council tenant groups in Camden.
2. The legal status of the 5 dmc's "
To which I was sent information I didn't ask for.
After another try I was informed
"with hindsight, the HASC might have advised you that there are quarterly reports that touch up the monitoring and accounting aspects of the DMC's".
I have since found out that the accounting aspects in the dmcs agreement amounts to dmc members not having to produce annual accounts for even their own members let alone other tenants to see, and not having to give the council the accounts either.
Another FoI request informs
"The DMC's have access to funds but they are not entitled to spend them directly. Instead the DMC's make recommendations on how the money that has been allocated to them should be spent. The decision making in terms of spending the money is then taken by Council Officers"
Update 25 Feb 2016
In regards to the above quote, dmc members do get sent cheques to spend on some works/goods/services as stated in some officers reports (not at hand right now).
Tenants don't have to belong to a TRA to access works etc and can ask the housing ward /officer to make a bid on their behalf [for communal works]. Some housing officers will mislead though and claim otherwise.
23 Sept 2022
The new Director of Housing report to the Housing Scrutiny committee[5 Sept 2022 HERE] agenda item 11 Resident engagement and consultation in housing services pdf 945 KB
in regards to Tenants Right to Manage, the sub title Involvement and empowerment
3.30 "In terms of empowerment, in accordance with regulation the Council have
supported tenants to exercise their Right to Manage or otherwise exercise
housing management functions. For example, there are five Tenant
Management Organisations (TMOs). These are resident Committees who
employ their own staff and deliver some landlord services under a
management agreement with Council supervision and support."
the bottom of the report:
" 7 FINANCE COMMENTS OF THE EXECUTIVE DIRECTOR CORPORATE
SERVICES
7.1 The Executive Director, Corporate Services has been consulted and has no
further comment to add.
8 LEGAL COMMENTS OF THE BOROUGH SOLICITOR
8.1 The Borough Solicitor has been consulted and has no further comment to
add.
REPORT ENDS"
The report omits the name of the Regulation the council relies upon for them to support tenants to legally " exercise their Right to Manage or otherwise exercise housing management functions"
There is other legislation - specifically aimed at Leaseholders such as the Commonhold and Leasehold Reform Act 2002 HERE to take on management functions of theirs homes.
In regards to this post I mean tenants who rent, who seem to be the majority of tenants on the DMC's/ CASP.
9 March 2024
Near the start of this posting I mentioned that "Council tenants legal Right to Manage stems from section 27 of the Housing Act 1985 HERE. " and below
" [F227Management agreements.
1) A local housing authority may agree that another person shall exercise in relation to—
(a)such of the authority’s houses as are specified in the agreement, and
(b)any other land so specified which is held for a related purpose, such of the authority’s management functions as are so specified.
(2)In this Act—
(a)“ management agreement ” means an agreement under subsection
(1) or a sub-agreement, and
(b)“ manager ”, in relation to a management agreement, means a person by whom management functions are exercisable under the agreement.
(3) A management agreement shall set out the terms on which the authority’s functions are exercisable by a manager.
(4) An agreement under subsection (1) shall contain such provisions as may be prescribed by regulations made by the [F3appropriate Minister].
(5) A management agreement may—
(a) include provision authorising a manager, with the consent of the authority, to agree that another person shall exercise any management function exercisable by the manager under the agreement;
(b)where a body or association is a manager, provide that the management functions of the body or association under the agreement may be performed by a committee, sub-committee, officer or employee of the body or association.
Subscribe to:
Posts (Atom)