Simon Cordell’s The First Housing Possession Order Book Dated: 19th July
2017 Till The Injunction Order 10/08/2017 INDEX |
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ENFIELD Please reply to: Lemmy
Nwabuisi Anti-Social Behaviour Team Community Safety Unit B Block North Civic
Centre Enfield EN13XA E-mail: lemmy.nwabuisi@enfield.gov.uk My Ref: Your Ref: Date: 19th
July 2017 Dear Mr Cordell, Notice of Seeking
Possession - without prejudice It has come to
our attention that you have breached several terms and conditions of your
tenancy by causing nuisance, harassment and anti-social behaviour to your
neighbours and Enfield Council employees. Enfield Council
takes all acts of anti-social behaviour very seriously. Consequently, we have
no alternative but to serve you with the enclosed Notice of Seeking
Possession. You have breached
your tenancy agreement by committing an act of anti-social behaviour. The Notice is the
first step towards repossessing your home. It is valid for twelve months and
Enfield Council will commence legal action to repossess your home any time
within this period if further substantiated allegation of breach of your
tenancy conditions is made against you. You may wish to
seek legal advice from a solicitor or your local Citizens Advice Bureau for
free and confidential advice from an organisation that is completely
independent from Enfield Council. Website:
www.enfield.gov.uk A If you need
this document in another language or format contact the service using the
details above. ENFIELD Council Mr Simon Cordell
109 Burncroft Avenue Enfield EN37JQ Enfield Council Civic Centre,
Silver Street Enfield EN13XY EQUALITY FRAMEWORK FOR
LOCAL GOVERNMENT EXCELLENT |
19th July 2017 |
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Please contact me
on that above telephone number if you wish to discuss this further. Yours Sincerely Lemmy Nwabuisi
ASB Team IMPORTANT - Enfield
residents should register for an online Enfield Connected account. Enfield
Connected puts many Council services in one place, speeds up your payments
and saves you time - to set up your account today go to www.enfield.gov.uk/connected |
19th July 2017 |
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LONDON BOROUGH OF ENFIELD Housing
Department P O. Box No. 60, Civic Centre, Enfield NOTICE OF SEEKING POSSESSION HOUSING ACT 1985 - SECTION 83 THIS NOTICE IS THE FIRST STEP TOWARDS
REQUIRING YOU TO GIVE UP POSSESSION OF YOUR DWELLING. YOU SHOULD READ IT AND
ALL THE NOTES VERY CAREFULLY 1.
To:
Mr Simon Cordell NOTES TO
PARAGRAPH 1 If you need
advice about this Notice, and what you should do about it, take it as quickly
as possible to a Citizens’ Advice Bureau, a Housing Aid Centre, or a Law
Centre, or to a Solicitor. You may be able to receive Legal Aid but this will depend on your personal circumstances. 2.
The
Landlord, the Mayor and Burgesses of the London Borough of Enfield intends to
apply to the Court for an order requiring you to give up possession of: 109 Burncroft
Avenue, Enfield, Middlesex, EN3 7JQ NOTES TO
PARAGRAPH 2 If you are a
secure tenant under the Housing Act 1985, you can only be required to leave
your dwelling if your landlord obtains an order for possession from the
Court. The order must be based on one of the Grounds, which are set out in
the 1985 Act (see paragraphs 3 and 4 below). If you are
willing to give up possession without a Court order, you should notify the
person who signed this Notice as soon as possible and say when you would
leave. 3.
Possession
will be sought on Grounds 1 & 2 of Schedule 2 to the Housing Act 1985,
which read: Ground 1 |
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Rent lawfully due
from the tenant has not been paid or an obligation of the tenancy has been
broken or not performed. Ground 2 4.
The
tenant or a person residing in or visiting the dwelling-house - has been
guilty of conduct causing or likely to cause harassment, alarm or distress to
a person residing, visiting or otherwise engaging in
unlawful activity in the locality, or (aa) has been guilty
of conduct causing or likely to cause a nuisance or annoyance to the landlord
of the dwelling-house, or a person employed (whether or not
by the landlord) in connection with the landlord’s housing management
functions, and that is directly or indirectly related to or affects those
functions, or 5.
has
been convicted of— (i)
using
the dwelling-house or allowing it to be used for immoral or illegal purposes,
or (ii)
an
indictable offence committed in, or in the locality of, the dwelling-house. NOTES TO
PARAGRAPH 3 Whatever Grounds
for possession are set out in paragraph 3 of this Notice, the Court may allow
any of the other Grounds to be added at a later stage. If this is done, you
will be told about it so you can argue at the hearing in Court about the new
Ground, as well as the Grounds set out in paragraph 3, if
you want to. 6.
The
reasons for taking this action are: - You have failed
to comply with the following obligations of your tenancy agreement which
commenced on 14th August 2006. The relevant
conditions of the tenancy agreement are as follows: As to Ground 2
Condition 9 |
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"You, the
tenant, are responsible for the behaviour of anyone, including your children,
living in or visiting your home. This means that you
must ensure that they do not act in breach of any of these conditions Also,
you must not encourage them to act in such a way. This applies in the
property, in communal and surrounding areas, any property belonging to the
council and or anywhere within Enfield borough.” Condition 10 "You must
not act in any way which causes, or is likely to cause, a nuisance or
annoyance or is anti-social.” Condition 21 "You must
not abuse, harass, make offensive comments and/or malicious allegations, use
or threaten to use violence against any of our officers or agents, or against
a councillor. This applies at any time and in any place. We may report the
matter to the Police.” As to
Ground 1 Condition 31 "You must take
care not to cause damage to your property or the property of your
neighbours.” Condition 33 "You must
keep the inside of your property clean and in reasonable decorative
order." Condition 34 "You must
not use the property in any way that may cause a health or safety hazard or
encourage vermin and/or pests (for example, by hoarding items
inappropriately).” Condition 44 "You must
obtain our prior written permission before carrying out any alterations,
Improvements or structural work to the property. You may need to obtain other
permissions such as planning permission or building regulations approval.” Condition 53 "You must keep
the inside of the property, the fixtures and fittings and all glass in the
property in good repair during the tenancy.” |
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Condition 57 "You must allow
our employees, representatives and contractors to come into your property to
service any electrical and gas supplies and appliance, that we are
responsible for maintaining.” Condition 69 "You must
not interfere with the electric or gas supply.” Condition 76 "You have
the right to keep one pet, or animal such as a cat, a dog, small bird, fish,
non-poisonous insect, spider, small snake or lizard, rabbit hamster, guinea
pig, mouse, gerbil or domestic rat as long as they do not cause damage to the
property, or nuisance or annoyance to anyone in your locality.” Condition 79 "You must
always keep your dog{s) on a lead in communal areas and on our land.” Particulars of Breaches 1.
We
received a report that on 6th
July 2016 you approached an elderly neighbour as he came out of
his flat and started to shout abuse and swear at him and threatened to burn
down his flat. 2.
We
received a report that sometime in July
2016 you damaged the lock of a neighbour’s electric cupboard and
removed his fuse box resulting in no electricity to his flat. 3.
We
received a report that on 6th
August 2016 you threatened one of your neighbours and his wife and
aggressively demanded money from him. It is also alleged that you repeatedly
swore and shouted abuse at him and his wife and called his wife a ‘bitch’ and tried to stop him from going up the stairs to
his flat by standing in front of him. 4.
Sometime
in September 2016 it is
alleged that you confronted an elderly neighbour outside your block of flats,
109-119 Burncroft Avenue as he was going to the local park with another
resident and started to shout abuse and threats at him and said to him ‘I can
get you over at the park, I know you go for a walk’. |
1. 6th July 2016 2. July 2016 3. 6th August 2016 4. September 2016 |
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5.
We
received a report that on 27th
September 2016 you confronted one of your neighbours as he was
returned to his flat with his family and threatened and swore a! him and
demanded money from him. It is also alleged that you later banged on his
door, shouted further abuse and swear words at him
and accused him of making noise inside his flat. - 6.
We
received a report that on 28th
September 2016 you aggressively banged on a neighbour’s door and
threatened and shouted verbal abuse and swear words at them. It is also
alleged that you aggressively demanded money from him. 7.
We
received a report that on 4th
October 2016 you aggressively banged on your ceiling and accused one
of your neighbours of making noise, it is alleged that you then went to your
neighbour’s flat and started kicking and banging on his front door
aggressively, accused him of banging on the floor and was swearing and
shouting abuse at him. It is also alleged that you later went downstairs,
dragged your neighbour’s motorbike from where it was parked and started to
hit it with a piece of wood thereby causing some damage to the motorbike. 8.
On
22nd November 2016
during a telephone conversation between you, Mrs Cordell your mother and Ms
Sarah Fletcher, neighbourhood officer, Ms Fletcher reported that she
overheard you threaten her by saying ‘I’m gonna do
her over’ and then ‘I’m gonna take her job just for
fun’. 9.
We
received a report that on 8th
December 2016 you aggressively banged on one of your neighbour’s
front door, shouted abuse and threats and accused him of making noise. 10.
We
received a report that on 11th
December 2016 you aggressively banged on your neighbour’s door
several times and accused them of banging on pipes. It is also alleged that
you shouted abuse and threats at them. 11.
We
received a report that on 14th
December 2016 you were verbally abusive towards a woman who was
visiting one of your neighbours as she knocked on your neighbour’s door. 12.
We
received a report that on 23rd
December 201 you banged on a neighbour’s front door, shouted abuse
at them and asked them to turn |
5.
27th September 2016 6.
28th September 2016 7.
4th October 2016 8.
22nd November 2016 9.
8th December 2016 10. 11th December 2016 11. 14th December 2016 12. 23rd December 201 |
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their tap off. It
is also alleged that you then removed their electricity fuse thereby cutting
off their power supply 13.
We
received a report that on 26th
December 2016 you ran up the communal stairs to the first floor
and confronted one of your neighbours as he was going out with his family and
started to shout abuse and threats at him and his wife and accused him of
tampering with your water supply, you also attempted to stop him from leaving
the block. 14.
We
received a report that on 3rd
January 2017 you confronted one of your neighbours as he returned
to the block with his wife and two-year-old daughter and started shouting
abuse and threats at them. 15.
We
received a report that on 21st
January 2017 you aggressively banged on your neighbour’s door, swore and shouted abuse and threats at them and accused
them of making noise. 16.
We
received a report that on 31st
January 2017 you aggressively banged on one of your neighbour’s
door, shouted abuse and threats at them and accused
them of banging on the floor. 17.
We
received a report that on 7th
February 2017 you approached the leaseholder of 117 Burncroft
Avenue and his plumber outside the block as they were attempting to resolve
the problem causing low water pressure in the flat. You said to the
leaseholder that there were problems between you and his tenants but did not
give any specific details. The leaseholder explained to you that his tenants
were experiencing low water pressure in the flat and you said to him ‘you
will not solve the problem as I am restricting their water supply’. The
leaseholder later knocked on your door and asked whether you would increase
the water pressure and you stated ‘I cannot do
anything at the moment, I will sort it out later’. 18.
On
24th February 2017
Sarah Fletcher (Neighbourhood Officer) and Steve Stirk (Maintenance Surveyor)
attended your property at flat 109 Burncroft Avenue to inspect the property
following reports of low water pressure from flats 113 and 117 Burncroft
Avenue. While inside your flat, they observed that you have installed an iron
security gate inside your front door. It also appeared to them that the wall
between your kitchen and living room seemed to have been removed thereby
creating an open plan effect. Much of the property was taken up industrial
type printers, boxes and folders and there were dog faeces in your back
garden. |
13. 26th December 2016 14. 3rd January 2017 15. 21st January 2017 16. 31st January 2017 17. 7th February 2017 18. 24th February 2017 |
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19.
On
17th March 2017
Lemmy Nwabuisi, ASB Coordinator visited 109 Burncroft Avenue to post a letter
through your door and as he got into his car to drive off after posting the
letter, you ran at him shouting and screaming abuse. The letter requested
that you attend our offices to discuss the nuisance reports being received
from your neighbours. By the time he returned to the office, you had
telephone him several times. He telephoned you back and you asked whether he
was the person that posted a letter through your letterbox
and he said yes. You asked why he did not stop when you ran after him and he state J that he had another visit and did not
have the time to stop and talk to you. You stated that you will not attend
the meeting at the Civic Centre or any of the council offices as you are
unable to leave your flat and that the meeting should take place in your
flat. Mr Nwabuisi offered to have the meeting at a neutral venue and
suggested the local library or at your mother's house
but you refused saying that you have done nothing wrong and accused him of
taking sides with your neighbours. 20.
We
received a report that on 5th
May 2017 you threatened one of your neighbours by saying that you
will ruin his life and that you were going to the police to present evidence
about his illegal activities. 21.
We
received a report that on 14th
May 2017 you aggressively banged on one of your neighbour’s door,
shouted abuse and threats at her and falsely accused
her of making noise and coming into your flat to attack you. You later
followed her to her car shouting abuse and wanting to know where she was
going. 22.
We
received a report that on 14th
May 2017 you allowed your dog to run freely in the communal area
of your block without a lead. A resident reported that... 23.
On
28th May 2017, the
police issued you with a first instance Harassment letter following reports
of harassment and threatening behaviour made to the police by one of your
neighbours. 24.
On
9th June 2017, it
is reported that you attacked one of your neighbours in the communal hallway
of your block as he returned from work late at night by grabbing him on the arm
and neck thereby causing bruising to his arm and neck. You also snatched his
phone from him as he tried to video record the incident. |
19. 17th March 2017 20. 5th May 2017 21. 14th May 2017 22. 14th May 2017 23. 28th May 2017 24. 9th June 2017 |
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25.
On
16th June 2017 at
11:55hrs it is reported that you confronted one of your neighbours as she was
exiting the main entrance to your building and said to her that you had her
bank details and personal del Ms such as date of birth .and said to her that
you wanted her and her husband to pay you some money. 26.
On
18th June 2017 at
11:55hrs it is reported that you confronted one of your neighbours as she was
exiting the main entrance to your building and said to her that you knew what
time she went out and what time she returned and to tell her husband that you
would like to speak to him. 27.
On
23rd June 2017 at
23:35hrs it is reported that you came out of your flat with your dog without
a lead and attacked one of your neighbours as he returned from work by
punching him twice on the chest. You tried to push him out of the block and
snatched his phone as he brought took it out of his pocket to record the
incident. 28.
On
28th June 2017 at
11:45hrs it is reported that you confronted your neighbour as she was leaving
the block. You swore and shouted abuse at her and accused her of making noise
inside her flat. You told her that you know all her personal details and that
of her husband including their full names, phone numbers, date of birth and
banking details. You demanded that they pay you some money and asked her to
tell her husband to come and see you. 29.
On
30th June 2017 at
11:45hrs it is reported that you confronted your neighbour as she was leaving
the block and accused her of slamming the door. She denied slamming the door
and called her a liar and proceeded to swear and shout abuse at her. 30.
On
2nd July 2017 at
17:18hrs it is reported that you confronted your neighbour as he was going
out with his family with your dog barking and without a lead and asked him
when he was going to hand over the money. It is also alleged that as they
left the block, you ran after them swearing and shouting abuse at your
neighbour and demanding that he must pay you some money if he wants you to
leave him alone. You also said to him that you have all their personal
details including their dates of birth and bank details. 31.
On
12th July 2017 an
Enfield Council Surveyor attended your flat to investigate reports of low
water pressure to flats above yours but you |
25. 16th June 2017 26. 18th June 2017 27. 23rd June 2017 28. 28th June 2017 29. 30th June 2017 30. 2nd July 2017 31. 12th July 2017 |
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refused him
access. The Surveyor attended your flat again in the evening of the same day following
further reports that the water supply to the affected flats had completely
ceased and you refused him access. You then followed him to his car swearing
and shouting abuse at him and prevented him from entering his car. He then
called the police. NOTES TO
PARAGRAPH 4 Before the Court
will grant an order on any of the Grounds 1 to 8 or 12 to 16, it must be
satisfied that it is reasonable to require you to leave. This means that, if
one of these Grounds is set out in paragraph 3 to this Notice, you will be
able to argue at the hearing in Court that it is not reasonable that you
should have to leave, even if you accept that the Ground applies. Before the court
grants an order on any of the Grounds 9 to 16, it must be satisfied that
there will be suitable alternative accommodation for you when you have to leave. This means that the Court will have to
decide that, in its opinion, there will be other accommodation which is
reasonably suitable for the needs of you and your family, taking into particular account various factors such as the nearness of
your place of work, and the sort of housing that other people with similar
needs are offered. Your new home will have to be let to you on another secure
tenancy or a private tenancy under the Rent Act of a kind that will give you
similar security. There is no
requirement for suitable alternative accommodation where Grounds 1 to 8
apply. If your landlord
is not a local authority, and the local authority gives a certificate that it
will provide you with suitable accommodation, the Court has
to accept the certificate. One of the
requirements of Ground 10A is that the landlord must have approval for the
redevelopment scheme from the Secretary of State (or, in the case of a
housing association landlord, the Housing Corporation). The landlord must
have consulted all secure tenants affected by the proposed redevelopment
scheme. 5. Court proceedings for possession of the
dwelling-house can be begun immediately. The date by which the tenant is to
give up possession of the dwelling-house is Monday the 24th of August 2017. |
24th of August 2017. |
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