Impartial Person

[cassa333]

Hi,

My tenant has accused my OH of harassment. ABSOLUTELY and COMPLETELY untrue and we are looking into what legal measure we can take...

However, before this I had arranged to do a property inspection (he won't be there as he does not deal with the property at all) BUT I don't want to go on my own because she could make all manner of crap up after I have gone.

Who would be considered impartial? I had asked the local housing officer as she has been dealing with them but she has said they won't so I'm at a loss as to who could do it.

If I ask them to get someone they could get a friend who will back anything they say (as I suppose I could) so who do I ask?

[Islay]

Could you not record the visit on your phone telling her of course what you are doing. That way everything that is discussed is recorded as is any issues

[cassa333]

My phone isn't that good lol

Even my iPad doesn't run to more than a two minute recording before being overloaded. Any recording would need to be at least half an hour long. If not more if there is a problem with the property.

[Islay]

mmm that's a shame.
The problem is it will probably cost you to get a truly impartial person, you could try the CAB and see what they say.

[Peter Pedant]

oh come on girl up
see my other posts
go in as the lease says and keep your video on on your phone

or a neighbour

this isnt rocket science

you are doing quite a lot of blah blah blah and not enough kicking arris

as for counter suing on allegations of harassment dont even think of it. You havent said if it is a work based disciplinary for OH or someone said she might have gone to the police and there again might not. Certaily do NOT waste money asking a lawyer about this. The thing you want - is to get them out first - - - and arrears a deffo second. Keep eye on barl, girl !

and what do we remember ? we remember 'it is not harassment to ask for the payment of rent arrears'

in your case we remember as well
"it is not harassment to exercise my right of a walk-through as allowed under the lease with notice."

I think you have been at this for two years innit ?

[Peter Pedant]

oops didnt read
good answer islay
and this is what one looks likeI am the one saying "we arent getting anything done"
phone left on by mistake and not found for a year or so!

[Peter Pedant]

er it wasnt meant to go like that

[Islay]

Cassa borrow one, I really think it is the best way to go because no matter who you get in she will always say 'I didn't say that' or 'she is twisting things'.
If you record it then you can email her a copy and there can be no argument as it will be there on camera.
Good luck xx

[cassa333]

But Peter I am getting there. CCJ for past arrears and a money order (or whatever its called) attached to possession hearing in Aug.

I just don't want to bog it all up by doing something now that means she gets away with lies and not having to pay or leave or something. She has accused my OH of harassment and I would not put it past her to say the same about me. She tried to say she felt intimidated by the woman I took with me on the last inspection. Again a load of rubbish but she is capable of saying anything.

[Barmaid]

If you've already got an order she cant over turn that unless she appeals it.

Islay is right, video it. Or buy a micro recorder and tape it.

[cassa333]

Do I have to tell her I am filming it?

[Islay]

Yes best be upfront about it, otherwise she could accuse you of invading her personal rights by secret filming etc etc.

[BestAdvice]

If you have a CCJ and they haven't paid.....return to the court and request that Court Bailiffs attend to collect...and if there is a long time between the CCJ and today [like at least 6 months] request a Court Order to evict them...again using Bailiffs to do it. Keep the video safe....its evidence of the tenant's attitude

[cassa333]

It's getting a bit confusing now. We have had conflicting advice on what to do about the harassment issue.

She has made the allegation in an email to us that was sent via her council housing officer. Some people are saying ignore it until she makes a formal complaint to the police and others are saying go to the police before she does.

I want to film the property inspection because she is just as likely to make something up about me.

I have a CCJ against them and the first payment is due 10th but she has contacted me saying they are going to ask for a redetermination. If she doesn't make the first payment I will take it back to court as soon as I can before she gets it.

The first possession hearing is in Aug and I am claiming unpaid rent as well.

At the end of the day I have accepted we will not get any of the money owed (she has said she will go bankrupt) so just want the property back asap and to make sure she does not get off without regard to her responsibility. And some sort of redress for being falsely accused of harassment.

[cassa333]

By the way I have ordered a spy pen ;-)

[Islay]

Well done Cassa but be aware if you don't make her aware that you are filming or recording it - you may not be able to use it at any later hearings.

[Peter Pedant]

Islay
do you have a ref for that (case in civil law)

GMC - a doctor taped his seniors conversations and they didnt turn a hair when he turned up with them -clearly some allegations were smartly dropped

one judge said - I see no difference to a secretary taking a note - consent is never required.

One employment case - the judge went crazy when a worker 'accidentally' left his tape recorder on whilst they were out and the employER was having legal advice. He retrieved it gave it to a colleague who transcribed it and then published it
judge threw chairs around I think you can see why

[cassa333]

If I tell her I intend to film the inspection 'for both our protection' and she says no can I still do it or am I just not allowed to?

[Peter Pedant]

go for possession
you want them out
rent arrears as you have found is secondary

get them out - clean the house and start again

[albaqwerty]

have no legal idea, but I'd go for 2 smart pens, set both to record, so when she says no, the other one is left running (obviously)

[Islay]

No Peter I don't but if we record interviews i have to tell the people I am doing it or else I cannot use it later.
Please also note I said 'MAY'