Harringay, Haringey - So Good they Spelt it Twice!
I’m facing eviction but Haringey CE (who earns more than PM) wouldn’t acknowledge my letter
I wrote to Chief Exec. Nick Walkley by email on 30th June 2014.
Anita Hunt emailed me saying “Mr Walkley has referred your email to me because I am the council’s complaints manager..."
A week later I, personally, delivered a paper copy to his office.
Though it was also addressed personally to him I still did not receive a personal reply.
This is a breach of protocol & elementary good manners.
My council tax & housing benefit has been withdrawn since I informed the Council of a change in circumstances. My son & his wife have moved back in.
There is no change of circumstances for me except I have less space and still no money to pay what is now being demanded.
I have asked them cite the legislation which would, presumably, force me to pursue my son for the arrears (or even attempt to evict him should he refuse, but I don’t know if I could do that legally anyway).
So far they have refused to furnish me with this information.
Replies to This Discussion
-
Permalink Reply by 02qre1ae6jg1o on
-
Wanting to know the exact legal basis for an action is unobjectionable. I want things done by & in accord with the law, & so far Haringey Council, with their confusion , abuse of process, (even to the extent of sending their own employees into Tottenham Magistrates Court to pose as Magistrates & issue their fake "Liability Orders") don't give me much confidence. Anyway wasn't it Haringey Council who took down a Court Order when put on a web site by a Judge? This was in a national newspaper two weeks ago.
-
Permalink Reply by michaela rourke on
-
If you are at risk of losing your home, I'd be wary of cutting your nose off to spite your face, as my mother would say. Get your situation sorted as a priority using the proper channels, then take it up with someone more senior if you are still in the mood to battle.
-
-
I have sent to the Leader of the Council a list of questions I would like answered. These relate to inter alia false accounting, ( as I made a number of rent payments, which were not receipted, & which the Council now say they never received). I also ask her to send to me the statutory basis of her belief that as an OAP also on Pension Credit I shd be paying rent &/or Council Tax. I have asked her this because of being told how other Councils operate a different policy. Also I want to know what is the basis of any legal obligation on my son to pay what is effectively rent. These are merely requests for information.
-
Permalink Reply by Liz on
-
With regard to your son living with you, I'm not sure knowing what the exact legal basis for this will benefit you, it is sufficient for you to know that with regard to housing benefit
An adult who lives in your home and who is not a tenant or boarder, other than your partner, is called a non-dependant. For example, you might have a friend, parent, grown-up son or daughter or another relative living with you. If you have a non-dependant living in your home, an amount will usually be deducted from your Housing Benefit on the assumption that they could give you some money towards the costs of accommodation, even if they do not do so (my emphasis). The amount of the deduction depends on their circumstances.
This is taken from Citizen's Advice self-help site where you will find further information on this. Put simply you don't have a legal challenge to this ruling. If you are struggling to pay rent and/or council tax you must get help immediately. You can access Citizen Advice services at the following times and places - click here.
You may also find help with AgeUK on the specific issues of Pension Credit and other benefits. There is a drop-in at Wood Green Library on Thursdays 9.30-12. Again, generally most people are liable for some council tax. There are some exemptions - you can find these here (your friend may fall into one of these categories) - however it is very important that you do pay it if you are liable, since it is one of the few debts for which you will be pursued through the courts without time limit and non-payment can even result in imprisonment (although rare).
You may feel that 'other councils are different' but it is highly unlikely since all councils have set rules to which they must work. I urge you to allow a trained advice worker to look at your case - if there are errors they will also be able to fight your corner effectively.
-
-
"where is the statutory or legal basis requiring him to pay me or the Council anything"
You can be sure that the Citizen's Advice information will be a summary of the legal position. You are obligated by law to pay your rent and if you don't then the landlord is within their legal right to evict you. How you get the money for that i.e. work, collect money from non-dependents, housing benefit is not covered by the law clearly but when you are claiming a benefit you have to abide by the statutory requirements or else stop claiming.
You can't compel your non-dependents to pay you (nor can the council) but they will continue to calculate your entitlement based upon an assumption that he, as a non-dependent adult, will be in a position to pay his share of the cost of housing your family. If there is a reason your son can't contribute such as disability then you would need to inform the council and get support from an advice worker, however an able-bodied, working age person would be expected to be seeking work or in work and making a contribution to his household. It's not an unreasonable expectation. It's certainly not moral blackmail.
As I have said, if your family is struggling to meet their rent and council tax obligations, please seek help immediately. As a social tenant, there is help in place to prevent you from becoming homeless but you must be active in seeking it.
-
-
This is terribly helpful & I will bring it to my son's attention.
Even so the practical element still remains. As I have put it in an email to Claire Kober (one of my ten questions) "how is it possible to pay any money owing, (towards either rent or Council Tax,) if the means to do so is removed?" Suspending benefits in the interim only compounds the problem.
It all depends apparently on my son "doing the decent thing" but what if he doesn't?
I am not suggesting he won't pay something if I ask him, (tho the question then is "how much" ) but where is the statutory or legal basis requiring him to pay me or the Council anything?
Normally we pay things to public authorities because we are obligated in law to do so - not because of a nudge & a wink from someone. This can be the equivalent of moral blackmail.
-
-
Ok - well to pick up your point
how is it possible to pay any money owing, (towards either rent or Council Tax,) if the means to do so is removed? Suspending benefits in the interim only compounds the problem.
That is fair comment in the sense that if you are not getting a benefit for whatever reason, the subsequent hardship and threatened homelessness hardly helps. It is a situation that people often find themselves in when problems with benefits arise but this is a national issue, although LBH administer the benefit and are responsible for ensuring that the service is fit for purpose, they don't make the rules around claiming it.
Again I urge you to contact CAB with the name of your rent officer, there is help available and you will get the correct advice.
If you wish to make a complaint about a service, you will need to demonstrate you have used the council's own procedure before any other body will take it up. Keep copies of your complaints and their replies and also a note on dates of letters sent.
[NB: you deleted your previous post with the comment I originally answered which is absolutely your right to do and reposted but to anyone else reading that's why my comments look a bit odd and in the wrong place]
-
Permalink Reply by John D on
-
If your son, for example, puts out rubbish for collection, walks along the street after dark with the benefit of street lighting, uses the libraries, crosses the road at a pedestrian crossing, etc, etc etc. he should be contributing to the cost of those services.
-
-
Reply to Liz. Things may be on way to being sorted out, in view of a rational communication from The Council who want to kick it upstairs to the LGO. I am referring everything to the LGO, but don't feel I want my case dismissed from Council consideration @ a time when there is a chance to resolve the problem.
-
-
Joe you seem to be saying the law is the law even when it's not the law, i.e it has no statutory basis. Also much appreciate reference to CAB but can we not find the exact regulation/legislation on which CAB bases their advice? Also remember to be outside Downing Street tomorrow Saturday at noon to protest Gaza genocide/
-
-
William - You need to make a new claim based on your change of circumstances as soon as possible. Collect the forms in person from one of the Council's advice offices and tell the receptionist that you wish to speak to an adviser. Take what paperwork you have with you. S/he will explain in detail how to navigate the process. These forms will be date stamped & give about a month for completion - amongst other things, proof of the income/benefit entitlement of all the members of your household will be required. The office are happy to make photocopies for you of your paperwork and provide receipts. Possibly once the new claim has started, pursuit of arrears will be put on hold but you may need to make an interim arrangement - the adviser will help with this. Why Haringey do not give this information as an automatic response to reported changes of circumstances I do not know but 'twas ever so. Wish you well.
- ‹ Previous
- 1
- 2
- Next ›
© 2024 Created by Hugh.
Powered by
