Neighbours with a grudge
Question
My friend is autistic and lives in a housing association flat. Her neighbours have complained that she is noisy. She doesnt actually make much noise and I believe her neighbours have a grudge against her. Her housing officer is paying her a visit next week and she's worried shell be evicted. What rights does she have?
Answer
There are three main types of housing association tenancy: secure; assured; and assured shorthold. The type of tenancy your friend has will affect her housing rights.
Your friend will only have a secure tenancy if she started renting from the housing association before 1989. If this applies to your friend she should get advice because she might have stronger rights than other kinds of tenants. Most housing association tenants have assured tenancies, but some housing associations issue assured shorthold tenancies to people living in supported or temporary housing. If your friend's tenancy agreement mentions being for a fixed period, such as six months, then it is likely she will have an assured shorthold tenancy.
If she's uncertain about the type of tenancy she has it's important she gets further information and advice from her local Citizen's Advice Bureau (CAB) or Housing Aid Centre, because assured shorthold tenants have fewer rights than secure or assured tenants.
If the housing association wants to evict your friend from a secure or assured tenancy it must have a reason. This is called having a 'ground' to evict her. The most common grounds are rent arrears or breaking other rules of the tenancy, such as causing problems for your neighbours. The housing association must follow a formal procedure and get a court order to evict her. She may be able to prevent eviction by showing that:
- the housing association did not follow the correct procedure;
- the reason given isn't correct or cannot be proved;
- the eviction isn't reasonable in the circumstances (for instance, if someone has rent arrears and offers to clear them).
So, if the housing association tried to evict your friend because they believed she was causing her neighbours problems, they would have to prove it in court.
If she has an assured shorthold tenancy she has fewer rights than a secure or assured tenant, so she could be evicted much more easily. The housing association would need a court order, but would not have to prove a ground for evicting her. If the housing association does try to evict her without a ground, it must give at least two months written notice and follow the correct procedures. If it does follow the correct procedures then the court will have no choice but to evict her.
Sometimes problems between neighbours can be sorted out by talking to them or by using mediation services. Many councils and housing associations have access to mediation services for their tenants.
If your friend is worried about her housing officer visiting her, it might be useful to have someone with her to make sure she gets the chance to explain her situation. The National Autistic Society (NAS) may have information about services that could help your friend, such as advocacy services. Advocacy services help represent people who may otherwise have problems putting across their concerns or needs to others. She can call NAS for more information on 0845 070 4004 or email them on autismhelpline@nas.org.uk.
If you, or your friend, would like to talk to someone about this housing problem you can call Shelter's housing advice helpline on 0808 800 4444.
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Question answered by Shelter
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