About this blog

Ramblings, thoughts, facts and opinions about political things - starting point council tenant participation with my land-lord Camden council and council tenant reps plus other housing issues, and whatever.


NOTE: I believe this account has been illegally hacked. Little clues have been left for me. They like playing games.

Tuesday 16 February 2016

Public Liability Claim Forms for Internal Decorating

following on from post from 2015 Damp Patch on interior wall and ceiling of Flat HERE

Update 5 April 2016
Plasterer has done the work to the area's needing the work and when I got back to the landlord about the redecorating have since discovered what the "other process" is to do with internal decorations: being sent a public liability claim form to fill in, sign and send to the councils finance department. huh. Apparently one has to prove negligence on the landlords part.

Spend hours going over emails to and from housing repairs and in general gathering evidence to send in to the finance people - realised after I sent the form in with evidence by email, that I had got confused and emailed finance again about it. Waiting for them to get back to me.



Following on from the post HERE  in August 2015 about the water damage to parts of 2 walls and part ceiling in my flat, the council to give them credit after the negative story HERE,  and when I reported the damp, fixed the source of the water damage (as far as I am aware) and re-plastered  the parts of the walls and ceiling affected.

When I mentioned to housing repairs redecorating the areas damaged  I was informed the internal decorating was a different process.

The  process involves being sent a Public Liability Claim Form to fill in that to me isn't very easy to understand, and which I think is badly wrote written out in general - plus one is required to sign it, like in an actual signature, written in ink from a pen. Plus I don't even know what I'm actually supposed to be claiming for. Then send it to the councils Finance department and then who knows what the outcome will be.

 I think i'm supposed to guess that what I am required to claim for may be one of the below, some, all of, or who the fook knows : 
a) money to buy the materials needed to redecorate
b) money to employ someone to carry out the decorations,
c) money to do I want to do with it as no receipts are needed
d) money to do the councils job maybe on the cheap, who knows


note: this blog won't upload the scanned copies I did of the form.

Update 29 March 2016
After a little delay I sent in scanned copy of filled in claim form, plus photos, plus emails to and from housing repairs about the damp - to the councils finance people. Took me hours to do it all.

Update 30 March 2016
Realised I had got quite confused when filling in the form etc - not had to fill in such a form before and gather up all the info that goes with it just to try and get some redecorating following water damage to flat. Hope other tenants who may have to go through this don't get as confused as I did.

Update 18 April 2016
Councils finance department contacted me to say the council has admitted liability for the water damage. Mentioned compensation and  asked that I provide 2 quotes from reputable decorators.

Yes the email and letter where cause of some confusion on my part.

After making a few polite points to finance person I was then informed the councils in house repairs team would be involved in the re-decorating - huh I though, but I don't want them to do it and plus I was asked for 2 estimates.

Anyway, after the finance bloke clarifying that I'm not being forced to contract with the councils in house team to do the re-decorations, and again the 2 quotes request I asked for clarification as to what exactly can be redecorated, meaning is it only the actual area's that where re-plastered or for continuity sake the wall paper from 2 rooms will need to be stripped and wall painted, plus skirting doors, window frames etc.

Have been sent back to housing repairs who contacted me about coming to flat to assess what works need doing. I was none the wiser at the end of phone call and nowt was sorted.

Update 13 May 2016
Has been quiet on the council front since housing  repairs contacted me, staff may be busy/preoccupied  with the restructuring going on.

Update 22 May 2016
Not heard anything back from councils finance person since being passed on to the housing repairs people (which came to nothing), not even to clarify  whether or not finance still wanted 2 estimates from me.

Update 29 May 2016
All stations are go. Think from now on I might only write in code. 



Monday 28 December 2015

Non Payment of Council Tax Enforcement Rules

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.




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 

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. 

The regulations where amended in 2008 HERE and 2012 HERE
[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
who have taken on housing management functions - the right way - but the dmc's and casp are let away with doing things in an underhanded and not very transparent way. 

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.



Thursday 25 December 2014

1. Drug Wars In Camden

WORK IN PROGRESS


NB the article i linked has been moved but I found it via the wayback machine below dated 
Thursday 13 February 2003 
Jason Gibson 29 stabbed to death in a flat in Gospel Oak, LB Camden 







updated 30 May 2021


Monday, 23 September 2019

2. Camden Drug Wars HERE

                                     ----------------
                  



30 May 2021
The below are 2 reports from 1999 about a female child whose name was Aliyah Ismai

She was 13, nearly 14 yrs old when she was found dead in a property in Agar Grove, Camden Town NW1.  She had died from an overdose of the heroin substitution methadone. 
She was in the care of Harrow Council


19 August 1999 











Monday, October 4, 1999









Thursday 10 July 2014

Camden Councils Audit and Corporate Governance Committee

Camden councils Audit and Corporate Governance (ACG) committee HERE  grew out of the Audit committee HERE which was set up in March 2006 HERE
 
The Audit committee grew out of the then General Purposes(GP) committee. 

The GP committee goes back to Sept 2001 HERE - the first Terms of Reference (remit) of the committee put up on the councils website dates to July 2003 HERE

Currently 20 cllrs are on the AGC committee HERE
AGC Terms of Reference  HERE  

In 2004 HERE  the then General Purposes committee did a 'review' of the councils Financial Standing Orders (FSO's) Minutes HERE. FSO's are regulations that govern the management of the councils finances. There was also a 'review' of the council Contract Standing Orders HERE. No evidence from any one except council officers.

There doesn't appear to be been any deputations or evidence gathering in relation to the Financial Regulations other than from officers - report HERE

Financial standing orders are part of the councils Constitution - currently PART 4 Procedure Rules and Standing Orders HERE  

The General Purposes committee doesn't appear to have ever received deputations or evidence from members of the public.

GPs committee review (Feb 2006) of the need for a separate audit committee HERE which brought about the setting up of the Audit committee which held its first meeting on 29 March 2006 HERE

The newly set up Audit committee set about looking at work of the councils internal audit team - report  HERE. 

an extract from the report about why an internal audit service is needed:
  • Section 151 of the Local Government Act 1972 requires every local authority to ‘make arrangements for the proper administration of their financial affairs’.
  • The Accounts and Audit Regulations 2003 requires the ‘relevant body to ensure that an adequate and effective system of Internal Audit is maintained’.

The Audit committee received quarterly reports on the work of the councils internal audit team who seem to have a lot of work to do. 

The Audit and Corporate Governance committees first meeting was 25 March 2009 HERE