Housing Association Behaving Badly

[SecureTenant78]

My partner inherited a Housing Association secure tenancy a year ago, which had been her principle home for some years. Together we own another home which has mostly been used as a weekend retreat. For various reasons, which don't really matter, the HA has imposed many unreasonable conditions, broken all sorts of laws - maybe, including Protection From Eviction Act 1977, theHuman Rights Act 1998 and the Equality Act 2010, and then falsely and maliciously accused her of giving up possession and sub-letting, issuing Notice To Quit and Notice Seeking Possession. We then complained before the NTQ/NSP ran out, following which they have backed down on the sub-letting but left the NTQ/NSP in place, which is intolerable.
We have a number of questions, for which suggestions or ideas will be welcome:
1. We have to choose a course of action, more official complaint; Housing Ombudsman; Civil Court. Which would be best?
2. The HA clearly wanted her out, and made a false accusation of what is now a crime, since the Prevention of Housing Fraud Act 2013. Is there any redress?
3. We need the situation resolved, with the withdrawal of all notices, is this legally possible?
4. For all the harassment, mental distress and law breaking there ought to be some compensation, or should there?

Ay thoughts appreciated

[Amethyst]

Re: Housing Association Behaving Badly

If she owns other property then it is possible it breaks the security of her tenancy.

Was she subletting ? Did they give any reasons for believing that was the case ?

[SecureTenant78]

Re: Housing Association Behaving Badly

The tenancy is a secure tenancy from 1978, owning another property is quite lawful, it just stops the tenancy being secure at any time that it [the tenancy] is not the principle home. Principle home is quite a complex concept that has to be based on all the facts, not just obvious things like proportion of time spent in either home. She was not subletting, but a friend who has a house nearby was coming in to water plants, collect post etc. However, he did overstep the mark, but this was immediately resolved and the HA were well aware that he was not subletting. They now accept this. What the HA was doing, is what many landlords are advised to do by lawyers, which is to go for an easier threat when seeking possession on the basis that the tenant will probably be so scared they move out. The crucial thing is that principle home is firmly re-established before the NTQ/NSP runs out, as long as possession has not been given up by subletting the whole. So the HA had no case. But the notices are still there which is a problem for us. Also it is causing major harassment for someone who has mental health issues of long-standing.

[Wombats]

Re: Housing Association Behaving Badly

My partner inherited a Housing Association secure tenancy a year ago, which had been her principle home for some years. Together we own another home which has mostly been used as a weekend retreat. For various reasons, which don't really matter, the HA has imposed many unreasonable conditions, broken all sorts of laws - maybe, including Protection From Eviction Act 1977, theHuman Rights Act 1998 and the Equality Act 2010, and then falsely and maliciously accused her of giving up possession and sub-letting, issuing Notice To Quit and Notice Seeking Possession. We then complained before the NTQ/NSP ran out, following which they have backed down on the sub-letting but left the NTQ/NSP in place, which is intolerable.

With respect I would imagine these reasons very much matter. A HA cannot just impose conditions and break laws, so what have they done and why?

Have you contacted Shelter? Here is a link to the part of their website which relates to secure tenancies:

http://england.shelter.org.uk/get_ad...cure_tenancies