Councillor assisting tenant in private civil case

Councillor assisting tenant in private civil case

11:04 AM, 8th July 2015, About 9 years ago 41

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I am currently taking two separate tenants (or rather their guarantors) to Court, one over arrears and the other for damages to the property. Councillor assisting tenant in private civil case

I am regularly in Court as it is the nature of renting in my area and I usually win. However, in both of these cases a local Councillor seems to be involved and I am unsure why.

I am unfamiliar with local politics, but I have absolutely no idea why a Councillor (who is just as much my Councillor as he is the tenants he is ‘representing’), is getting/being involved in a private civil case(s) at all.

In the first case, the defendant has been spouting hot air about “a Councillor” for some time in his correspondence and I brushed it off as him clutching at straws, hoping to involve someone he feels is official to fight his corner. He had included a couple of Councillors in our email exchanges and has also suggested we had refused to give them permission to access the property to inspect the damages – apart from that being the first I’d heard of such a request, the Councillors themselves have never contributed to the thread or contacted me directly.

More worryingly still, the guarantor also mentions that all correspondence is being forwarded to the Local Aothority legal team… this is a tax-payer funded Council department for Council use only and not for private use by MoP!

Without getting too ahead of myself, I once again brushed this off as nonsense, however it turns out this guarantor has been communicating with the tenant/guarantor of the second case on Facebook and has managed to rope in one of the Councillors again.

In the first case, I am pursuing a claim for damages and the tenant left months ago with the tenancy now long since ended. In the second, I am only pursuing rent arrears (as it stands) and at present the tenant is still resident at the property but is going through the leaving process.

At a recent pre-exit inspection of the property in case two, I was met by the tenant and half a dozen family members as well as the as-yet unseen/unheard Councillor. I asked in what capacity he was there and he confirmed he was there as both a Councillor and as an independent witness to the inspection. I’m not sure what use he could be toward the end of the tenancy as he has no clue as to the condition of the place on commencement. He passed comment on some badly fitted wallpaper (i.e. hanging off the ceiling) and when I asked the tenant what happened he said there was proof it was the original paper from when the tenant moved in because you could ‘see the paste marks on the ceiling plaster’. Essentially saying it was my wallpaper and was badly fitted in the first place so not the tenants fault. Very strange.

From what I can gather, he may be a friend of the guarantor in case one which is where he has gained his skewed view of me and my agency. Somehow he got involved with case two and when he heard it was me again (along with his dim and unsubstantiated view of me) has decided to ‘deal with this “rogue” landlord’… me. After all he’s now a Councillor, don’t you know!

I called him once I returned to my office to invite him for a chat and to see if I could correct his opinion of me and to better put him in the picture on these particular cases amongst how we operate in general, e.g. those who pay their rent and return the property in a similar condition to that they took it on don’t go to Court, it’s only where I have a case and is necessary…hence my excellent success rate. He said he hadn’t the time and anything I had to say I could do so over the phone. I fired off an email to him on, purely to document his presence and his capacity there as a Councillor. I mentioned that he was included somehow in case one and I wanted him to clarify his acting capacity there, as well as to my concerns over documents being handed to the Local Authority legal team.

He is a rookie politician and I think out of his depth. I have had no response in a week and I now want to stitch this idiot up as he is getting involved in a professional capacity in a private case. I also support the party he represents (as do many of the landlords locally) and so maybe call the HQ – perhaps they will have a quiet word?

What I’m asking of you is how you would go about this and any info on Councillors and how they should/shouldn’t behave. Not that it should matter, but this Councillor lives in a very rough area (where a number of my clientele hark from) and so much of this I imagine is he feels he is ‘helping one of his own’.

Thanks

Luke


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Comments

Luke P

20:44 PM, 8th July 2015, About 9 years ago

Annie/Puzzler, thank you for your comments. Would it change anything if I told you that neither the property in question, nor the guarantor's address is in this particular Councillors ward? Also, a friend has pointed me to a Facebook page (one the delightful local residents have dedicated to 'scumbag' landlords), where the guarantor in one of the cases is appealing for other people that have 'suffered at my hands' (i.e. Been legitimately and legally sued in Court) to come forward as the Councillor is 'building a case'. All very odd, especially as the Councillor refuses to meet me.

The Councillor is clearly in very regular contact with the guarantor of case 2 (suspected friend) as the guarantor on the same Facebook page has said that I know that I am 'on the ropes' as I have been requesting private meetings with the Councillor concerned...hmm. There should be only me and the Councillor that know I requested a meeting -not that it is isn't allowed for the Councillor to discuss a conversation we had re setting up a meeting, but I wouldn't have thought this significant enough for the Councillor to report back to the guarantor, so can only assume they know each other in a personal capacity.

Would it be worth asking the Councillor outright in an email...could this be a conflict of interest?

There will be a bunch of people in the town who very much dislike me but only because they/the tenants they stood as guarantor for didn't play the game and a Judge ruled they should pay the arrears and pay for any repairs (apparently this is seen as unfair by some of my lovely customers), but it seems a Coucillor is waging an unjust war on me...

Joe Bloggs

21:57 PM, 8th July 2015, About 9 years ago

whilst he is building a case against you, you should be building a case against him and then sue the council for victimisation/abuse of powershttp://www.lawgazette.co.uk/law/legal-updates/local-government-abuse-of-power/5039747.fullarticle

Luke P

22:03 PM, 8th July 2015, About 9 years ago

That was sort of my question. I'm not certain of the remit of a Councillor and was wondering what angle to attack this from. I feel it's wrong on a number of levels but can't quite put my finger on why exactly.

Freda Blogs

7:54 AM, 9th July 2015, About 9 years ago

Luke

In your position I would be inclined to go directly to the officers at the council and seek advice. Potentially this councillor is defaming you through the Facebook page and does not appear to be acting impartially or in a balanced way with regard to his constituents. I would start with the committee clerks and ask to be pointed in the direction of a relevant legal officer to find out both about councillor conduct and also any legal consultations made with regard to the actual merits of the housing issues in question. The officers may then choose to have a word with the councillor and if appropriate, point out the error of his/her ways.

If, as it sounds, you are a regular provider of housing to tenants who might otherwise be in council accommodation, and ordinarily have a good relationship with the council's housing or benefits department, they may well try and step in to show the councillor the wider picture and advise that his/her actions could be potentially damaging or counter-productive as you are a good provider of accommodation in the area.

Good luck.

Joe Bloggs

8:08 AM, 9th July 2015, About 9 years ago

Reply to the comment left by "Luke P" at "08/07/2015 - 22:03":

just google corporate governance with the name of your council. heres southwarks:

http://www.southwark.gov.uk/info/200494/how_we_work/521/code_of_corporate_governance

i would keep a low profile and wait for him to blatantly step over the mark, rather than alert him in which case he will be more sneaky.

good luck. you are right to be concerned and this sort of abuse of position must be stopped. its not much different to corruption.

Luke P

10:18 AM, 9th July 2015, About 9 years ago

Reply to the comment left by "Joe Bloggs" at "09/07/2015 - 08:08":

I have decided to sit tight for now and let him dig himself deeper (which I'm sure he will).

Freda's point about him not acting impartially or in a balanced way with regard to his constituents is the sort of angle I think I will start with.

I am just as much a part of the community he serves and has clearly 'made his mind up' about me already as he is not willing to meet with me or see any other documents (the signed photographs of the condition of one of the properties at the beginning of the tenancy)...he's not the slightest bit curious or smart enough to placate me and potentially gather further knowledge about me even if he has no real intention of being impartial.

Unfortunately the LA seem to battle all the landlords in the area, the vast vast majority of which are providing accommodation to those who would otherwise be in council properties. I am providing 450-500. At least this Councillor will feel a sense of victory when he 'takes me down'. I might even do the job for him and stop taking HB altogether...now if only I can convince others in the area to do the same -the Council would crumble overnight!

Mike T

15:29 PM, 10th July 2015, About 9 years ago

Reply to the comment left by "Luke P" at "09/07/2015 - 10:18":

Good thinking Luke, sit tight let him spout off online/FB etc. Have your day in court. In the meantime as has been suggested ' keep your powder dry' and don' fire all your bullets in one salvo. But have them ready to pick him off one at a tme. Good luck.

Puzzler

18:52 PM, 10th July 2015, About 9 years ago

You should report to the Council's Standards Committee. I suggest you phone them first and ask their opinion as to whether he is behaving in contravention and then you can proceed accordingly.

Annie Landlord

8:03 AM, 11th July 2015, About 9 years ago

I think you're absolutely right to give it a week or two and see if this councillor falls into the hole he is digging for himself. If he puts a message on the fb page he will be toast, though he does appear to be supporting the tenant from behind the scenes. It is very odd that he is getting involved with an issue outside his ward. I would expect most councillors in that situation to have passed the issue over to the ward councillor.
All the anti landlord crap gets to me too sometimes, then I think as you do - when we all decide we've had enough of the insults and refuse to house benefit claimants, where exactly are the councils and government going to put these people??

9:09 AM, 11th July 2015, About 9 years ago

Write to the tenant sweet and soothing words to the effect of: "We are glad to learn that you have been able to obtain Council Officials involvement in this matter. For our records will you please let us have their full names, position, and address, so when they contact us on your behalf we know they have been authorised by you to do so and we will not be betraying any confidences by corresponding with them.

In the alternative please have them write to us with a list of your grievances, along with their advice and recommendations. Any other information you can give us on the issues you raised with them would be welcome and it would enable us to respond quicker to their enquiries. Etc.

The Council are not involved, and this Councillors is exceeding his/her duties, acting ultra vires.

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