Although I would prefer not to I feel that I have no choice (esp. as I was unable to secure legal representation although I approached two -supposedly specialist-, local solicitors concerning the matter), but to publish my recent correspondence with Southampton City Council's Council Housing Office here, this will also enable my M.P, local councilor and other campaigning organisations/journalists to have direct access to the material.
Quote:
"Dear Sir/Madam
The following represents my
assessment of the problems and issues that have arisen as a result of my
placement in and occupation of .......... Southampton since the
commencement of my tenancy in the August of 2010 (please also see enclosed). I
will also be forwarding copies of this correspondence to other governmental and
non-governmental support services such as The DWP/DLA (Benefit Services), and
IAPT etc. (incl. any legal services that I may approach in order to represent
my interests with regard to these -and/or related-, issues).
These issues I shall enumerate as
follows;
1. That ...... was unsuitable for habitation by either myself or
any tenant at the time that it was let (& remains so . In support of this
assertion may I refer you to the letter dated 01/03/2012 (a copy of which is
enclosed), from "Promoting Independence in People Ltd." (on behalf of
Southampton City Council).
Quote.."Following my visit ,
I discussed your requests with my supervisor. The only option available is to
remove the radiator to increase your leg space and reduce any burns
risk"...
"The council will also visit to assess fitting the grab rails to
aid you getting in and out of the bath."....
"I have contacted the adaptations officer and they liased with
Decent Homes, who report that they attempted to make contact with you last year
to assess your property for any upgrades. I explained that the condition of
your kitchen was in poor repair. If you are in agreement you can be placed back
on the list and should be assessed by them within the financial year beginning
04/2013."*
*In-fact the assessment mentioned did take place (please consult
the appropriate records), however as a result of the lack of a suitable
outbuilding in which to house my freezer my tenancy was adjudged unsuitable for
upgrading (see point 4 below).
Given the seriousness of my
physical disabilities and my desire to contact yourselves with regard to them
and the other issues I intend to cover in this correspondence I have not as yet
replied to PIP Ltd. When I do I shall make known my belief that simply removing
the radiator in the bathroom does not in any way represent an adequate
response to the problems I have encountered with this tenancy.
2. I am a paraesthesiac with serious neurological problems who also
suffers from a serious (stress-related),
self-harm condition. As result of my spinal injury (which includes a
chronic pelvic imbalance, shortening of my right leg and weakness in my right
groin -a result of a veinous graft relating to the surgical repair of a rupture
in my left brachial artery-), the placement of the toilet at ....... is
causing me both physical and emotional distress (both of which are are seriously
aggravating my self-harm condition and can also result in a lower back spasm
that can leave me unable to walk and in considerable pain for days). Any
hightening of the already distressing pain levels from which I suffer is
clearly unacceptable I therefore must insist that the council make strenuous
efforts on my behalf to address these problems as soon as possible.
3. I was awarded the tenancy of ....... as a direct result of the
points I was allocated by Housing Services precisely because of the physical
and mental disorders from which I suffer. Sadly this ground floor
"garden-flat" would be ideal if it were not for the problems I have
already mentioned and those I intend to outline in the rest of this
correspondence.
4. Being "partially-able" (for like many paraesthesiacs I can
indulge in various forms of physical activity which I inevitably "pay
for" afterwards with often distressingly -depending upon the level of
activity-, increased levels of pain and paralysis), I (with the help of some of
my friends), have addressed some of the other problems I encountered on
commencement of my tenancy. These included digging out a damp-course protecting
ditch to a depth of approx. 1ft along the entire north facing wall (also
including the brick wall between .......nd it's neighbouring garden), and
constructing a steel shed on the concrete plinth which formerly supported the
original brick-built shed which (according to "Decent Homes"), was
removed because it contained asbestos (ref. point 1 above; the steel shed is
not big enough to house both my electric bycycle and my freezer but was
all I could afford from my benefit entitlement). The assessor from
Decent Homes viewed the ditch around the north facing wall and confirmed to me
that the work had been necessary as the unofficial "patio-area"
(which had obviously been "constructed" by a previous tenant in clear
breach of good practice), was stifiling the damp-course and causing the
effervesecent mould that was spreading upwards on the external brick-work (internally
this is the bedroom wall -a bedroom which was unquestionably unacceptably damp
on commencement of my tenancy-). Regardless of the complete unsuitability of
the bathroom these issues alone are enough to have adjudged.........as
"unsuitable for human habitation" and should have been assessed as
such prior to the commencement of my tenancy.
The re-pointing of the brickwork,
slury sealant and drainage graveling of the ditch which would complete the
work on the north-facing wall and wall section of the garden partitioning has
not been attempted as a result of my lack of adequate funds and the intermitent
nature of the necessary help I require from my friends.
The rear garden of ........
(especially & including the raised "growing area"), is also
covered to approx. 50% by concrete making it completely unsuitable for
cultivation and the wall protecting the patio-area which prevents the sloped
and raised growing area from displacing is cracked from top to bottom in the
middle and requires bracing.
5. Access to the rear garden, storage shed and back door is hindered by
a "picket-type" fence and gate surrounding my neighbour's property
which I am forced to open (and transit part of my neighbours garden), whenever
I require said access. The property clearly requires some structural
work/re-organisation in order to increase the size of both the kitchen and
bathroom and ensure proper access to both flats (.....), and
their gardens.
6. Also (although the following is not the council's direct responsibility),
lack of support from other organisations and authorities such as psychiatric,
general practitioner and the MIND "Floating Support" and medical
complaints support services (who could aid me with the first two), has also
aggravated my physical and mental health problems. I have received no
support whatsoever from these services since the commencement of my tenancy
(which has meant that no-one apart from PIP Ltd. has visited me here over the
entire 20 month period of my occupation). As a result of this lack of support I
am struggling to re-apply/apply for both my DLA, SDA and Income Support
entitlements and since February have suffered a 2/3 reduction in the benefits I
was originally receiving at the commencement of my tenancy. British Telecom have
now restricted both my telecommunications and televisual services and I have
now been without these for approx. 6 weeks (please see enclosed).
7.Further to the other "practical" issued raised above I would
also like to make known to the council what I feel are the unacceptable levels
of hostility and intimidation I have encountered from my neighbours (and
others), since the commencement of my tenancy. I reported the incidents
concerned to the local Community Police Team during a visit by officer Mark Humble
which I requested as a result of these "levels of hostility and
intimidation".
8. As result of both my physical and mental health problems I suffer
from periodic episodes of self-harm, destructive behaviour and verbal outbursts
whose severity directly reflect the amount of physical and mental stress to
which I am being subjected. As a result my tenancy has suffered a degree of
superficial damage internally (such as to some of the flimsier fixtures such as
the weak paneling of the doors provided in this type of council tenancy). I
would like to make clear to the council that given the problems I have outlined
in this correspondence I do not intend to accept financial responsibility
for any such damage (this includes the shattering of the glass in the front
door -replaced by one of your contractors-, which occurred as result of a
"heavy slam" and was not a deliberate act -, as has not been
any of the "superficial damage" referred to previously-).
9. Given the above it should be obvious to the reader that the reason
that I did not bring these matters to your attention before now is a direct
result of the unsuitability of the tenancy and the lack of support from the
various services that should have been concerned with my welfare outlined above
(in-fact the stress of the composition of this correspondence and the current
difficulties I am encountering simply communicating these concerns have
themselves resulted in yet another unpleasant episode of self-injury).
I trust that Southampton City
Council will treat my complaint with the seriousness which it deserves and
contact me with regard to same as soon as possible. Thank you."
Also....
"Dear Mr.......
Thank you for your letter dated
02/05/12 in which you outline the response to my complaints/concerns raised in
my original (stage 1), correspondence concerning my tenancy of ........, along with my response to your correspondence I also intend to bring
to your attention a number of issues not raised in said correspondence. As
follows;
1. As I stated in my original correspondence I do not consider that
merely depriving me of a radiator in the bathroom (and installing an electric
fan-heater), in order to make available a small amount of space on the
left-hand side of the toilet represents an adequate response to my real
physical need for an adequately appointed toilet. As I explained I have a
serious spinal condition which includes a pelvic imbalance (caused by the
effect of two different accidents and three seperate surgical procedures). Even
when the alterations you suggest are carried out there will still not be
adequate space for me to sit on the toilet squarely and evenly which will mean that
I will continue to suffer from considerable pain and distress (which will have
a serious *knock-on" effect on my stress-related self-harm condition).
Whilst I do not fully approve of the measures you outline I have made
arrangements to allow access to your contractors in order to improve the
current situation in the interim whilst we discuss a full and proper resolution
of the problems in the bathroom/toilet of .......
2. You state that the issue of access the rear garden should have been
considered during my visit from the occupational therapist, it was not. I did
not show the occupational therapist the external problems at ....... for a number
of reasons, these being; I have a stress-related mental health condition and
have been suffering from a chronic lack of support since the inception of my
tenancy at .......(a problem about which I made you aware in my
original correspondence), the garden and access issues were not at the
top-of-my-list as regards my pain and discomfort also these issues did not
strike me as being those with which the occupational therapist would
necessarily concern themselves.
3. You do not acknowledge that contrary to the O.T therapists report
"Decent Homes" have in-fact visited the property on a number of
occasions during my tenancy but have been unable to offer a response to the
issues raised by the inadequately small bathroom and kitchen spaces.
4. Regarding my assertion that structural work will need to be
undertaken in order to increase the size of both the kitchen and bathroom at .........you state in your letter that you, quote; "strongly suspect that
there will be no basis for any additional work", quite apart from my
obvious disagreement with this statement I also find you inference that I am
not of sufficiently sound mind to make such an assessment both insulting and
descriminatory more especially so as it also ignores the (preliminary),
assessments of both the Occupational Therapist and that of "Decent
Homes".
5. I thank you for contacting Action Line with regard to the issue of
the cracked wall in the rear garden.
6. I have received a visit from your Asset Management Dept. and the
gentleman who visited concurred that the correct action had in-fact been taken
by myself and my friend and that arrangements will be made to finish the works
started. You also mention a "settling in visit" on 15/09/10 when you
state, quote: "you were specifically advised to report these issues to
Action Line". May I remind you again that I have received no external
support with my tenancy of ........ since it's inception and that this
"visit" came very soon after my initial occupation began, I may not
have been fully aware of the issue at this time and would in any-case hope that
such serious issues would not just be the provenance of a
"settling-in" visit. You also state in the next paragraph that,
quote: "apart from the damp issues which you received advice on, the only
other issue recorded was a query about soundproofing", may I gain refer
you to my statement above concerning the lack of support I have received since
the inception of my tenancy.
7. I thank you for contacting Housing Management with regard to
discussing what help/support may be available and to address my concerns about
intimidation.
8. With regard to the superficial damage to some of the internal
fittings to which I refer in my original correspondence I can only restate my
belief that it is unfair to expect that I should bear finincial responsibility
for same considering the unsuitability of ........ for letting to a
person such as myself.
9. In the first paragraph of this correspondence I refer to; "a
number of issues not raised in my original correspondence", these being;
a). The urine-soaked wood-panelling in the bathroom which was displaying
a large blue-white mould growth (which covered a total area of at least 4-5m
sq), which took me over six months to properly remove/adequately treat the
woodwork in order to prevent it's return (again something I dealt with myself).
Two of my friends witnessed this infestation and are prepared to validate my
assertion (..... my upstairs neighbour has also attested to the
poor hygiene standards of the previous tenant).
b). As I pointed out to the gentleman from The Asset Management Dept. on
the occasion of his recent visit concerning the works needed on the rear wall
of the property (and also at the behest of my upstairs neighbours). the
over-flow pipe from the bathroom has been sited 3-4 inches above the gate/fence
to my rear garden which is rotting the fence and is allowing no drainage (which
also speaks to the access issue regarding the rear garden mentioned earlier).
c). The Xpelair unit fitted in the bathroom has not worked since the
commencement of my tenancy and the bathroom accumulates unhealthy amounts of
mould very quickly as does the kitchen in which there is no exctractor (clearly
issues closely associated with their inadequate size).
It should be clear from this
correspondence that I do not consider that the issues I have raised concerning
my (or anyone else's), tenacy/occupation of ...... have not been
adequately addressed by the council's initial reponse and that I wish to
proceed to stage 2 of the complaints procedure. Given my comments concerning
the current lack of support which I am experiencing I hope that the council
will understand that my ability to respond is limited by my health conditions
and that you will allow me time to seek further help and advice (both legal and
otherwise), with regard to these issues. With regard to my obligation to report
issues such as the above to the council I can only refer again to my statement
above (ref. italicised item 2), and also state that given the sheer number of
problems it is hardly surprising that I was unable to make an adequate
appraisal of these prior to the "settling in" visit on 15/09/10
referred to above. Thank you."
So far I have been unable to secure any of the "further help" referred to above, which has forced me to the somewhat desperate measure of publishing my correspondence here.
Comment:
Whilst I can sit at home watching "Homes Under The Hammer" everyday and see private individuals climbing their way up "the property ladder" by renovating and renewing old properties (often receiving considerable returns on their investment), where nothing is thought of knocking down a wall here, changing the floor-plan there or extending either outwards or upwards my 50 year old council flat (which has never been altered since it was built), is considered unsuitable for same despite the fact that such work is clearly way overdue. I certainly could not sell the flat in such condition (if I had been foolish enough to have bought it)! Despite all this however I have so far been unable to secure legal representation in support of my case.
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