Is local council wrong or scared?

[Raleigh]

I have a flat in a block where all but two are privately owned. The local council are the freeholders and own the other two. About two years ago, a man moved into one of the council owned flats, and within a short time began getting many visitors. After putting up with noise and other aggravation for months the flat was raided and a lot of drugs and stolen property found and the resident and some others there arrested. Within days, he was back, and after a week or two visitors began coming again. When I and some other residents complained to the council they told us that they could not evict him until, or if he was convicted. While waiting for the trial he was raided again and an officer told me that they ‘knew he was still up to it’ but was being more careful and they found nothing that time. He was found guilty but only given a suspended sentence. After being back for a few weeks, it started again. I called the council and was told that they would not be seeking to evict him as ‘he had suffered enough’!!! He was raided again recently, arrested and stuff removed by the police, but home again within days. My question is can we complain to anyone about the council’s lack of understanding or action? Seems like they are scared of infringing the ***** human rights.

[Androcles]

Now is the time to start getting nasty. Start of with asking some awkward questions of your local elected councillors asking them if they approve of the action taken by their officials. Get somebody to stand against them at the next elections - a challenge like that concentrates their minds!

Get onto the local press, organise a petition and keep a log book of what is going on and keep calling the police and complaining. Every single time! Each time you do it gets recorded and your area becomes a "hotspot" and they need to reduce the number of hotspots they have.

You need to get to the point where you and your neighbours are a very sharp stone in all their shoes, so they cannot ignore you. Set up a block Residents group. Look carefully at your leases and find out if there are any restrictive covenants on what can be done in the flats and if the council are breaching them, draw this to their attention and threaten them with legal action to enforce them.

Sadly, you just have to be more persistent than they are!

[Murielmci]

http://www.lgo.org.uk/

This is the link to the Local Authority Ombusdman. You should seek their opinion.

[Raleigh]

Thanks for your replies.
I am the one most effected. Most of the others in the building are either elderly or worried about making too much fuss and reprecussions. The police have been called many times, often because of 'customers' not being allowed in and either kicking at main door or buzzing other flats. There is no question that he has broken tenancy agreement by criminal activity, It is simply the council failing to evict him that is the problem.

[Raleigh]

I have called crimestoppers before, and he has already been convicted once. As I said, I am the one most affected and the other residents are reluctant to get too involved: after all the bloke is a drug dealer with lots of mates. My problem is now with the council.

As suggested, I shall get in touch with a councillor and as Murielmci said, also call the Ombusdman.

Thanks again for sympathetic replies.

[Eve]

Most flat leases have an anti nuisance clause so that it is a breach of covenant or regulation to cause a nuisance to other occupiers of the building so may be worth checking for one of those.

Trouble is, if it is a council owned block there may not be a lease on place of council let flats so no ultimate breach if that makes sense and, if there is one, then there are grounds for action for breach of covenant but, again, not much good if the council is both the landlord of the lease and the tenant!

There may be some kind of grounds though depending on the situation and how the leases read as there may be a duty on the landlord to take action for breach of contract although in some leases they can refer some of all of the costs of doing this to the complaining tenant.

[Playbill]

Thanks for that Jenna. But the person does not have a lease; he's a council tenant. To my way of thinking that means the council put him in there (and are probably paying as he is 'unemployed') so are responsible for ensuring he complies with terms of tenancy.