Is this unreasonable behavior, by landlorsd representive

[Mago]

I live in Warden Controled Sheltered Housing Accommadation.

Yesterday, having bought a Beach Type Windbreaker, I put this up in The Communal Gardens, to accertain if there would be any problems with doing so.

Shortley afterwards the manager of The Court where I live made an appareance, saying you are not allowed to erect tents in the garden and I am acting on a complaint Re you doing so, my explaination that it was not a tent but in fact was a wind breaker fell on deaf ears, as did me making the point, that I was only familarising my self with setting it up, as I was going away for the week-end and intended to make use of it.

During the course of the conversation, I pointed out, that several other residents have placed in The Commual Gardens, on a semi permant basis, Garden Tables -chairs etc, I was informed that this was done with the Managers permission, and that I did not have permission to erect a windbreaker, therefore, I had to take it down immediately, and that a check would be made later, to establish that I had infact done so.

I complied with the request for if nothing else, the following reason, had I objected The Manager as would have issued me with a warning letter, placed on my record, that I was in breach of my tennacy agreement.

I and several other residents are not happy about the heavy handed biased attitude of The Manager, and wish to establish, if or if not they are acting within their remit.

Thanks in advance for any advice given

[thesaint]

I assume they have a complaints procedure?

[Mago]

The complaints procedure, seems to operate as following, The Complaintant makes a complaint to The Manager, who, (with out looking into the matter further,) then decides if they feel that the complaint is valid, and acts on the same.

A good example, some time back, the manager received a complaint Re her cats urinating on Resindents Plants, which were placed outside their dwellings, the solution arrived at by the Manager, was that due to The Emergency Services requiring suitable access, they were insisting that all plants had to be removed, and if not done so, The Plants would be disposed off and the tennens responsible charged for this.

A deputation, contacted the revelant services, who knew nothing about this, the end result was that a local News Paper took up the cause, and the matter was dropped, (the reason given,) that it was a missunderstanding on the part of The Manager, Re The Emergegency Services Requirements.

[property mongrel]

I am sorry that you are having these problems Mago and I can understand what it is like when someone with a little bit of authority takes this too far and causes upset. The plant obstructing the emergency services issue is laughable were it not for the fact that it is true.

Is The Manager and "The Warden" one and the same?

Who employs The Manager?

What is the managers role or job description, do you know, have you been given any detail of when you should refer to them and what for?

What does your tenancy agreement say about these matters? Does it for example say that the manager is the Owners or Freeholders authority on site?

Does the tenancy agreement mention whether or not pets are allowed?

I would first ascertain all that you can about their role and function then you will be able to identify what they can and can not do, and take action accordingly.

It sounds a bit like bullying behaviour and if you all act together you should be able to overcome this.

pm

[thesaint]

The complaints procedure, seems to operate as following, The Complaintant makes a complaint to The Manager, who, (with out looking into the matter further,) then decides if they feel that the complaint is valid, and acts on the same.

Is that what the complaint procedure says?
If not, then you need to follow it.

[Mago]

Thanks for the reply,

But I am not sure if I follow you here?

Am I to understand, that I am to make a complaint to The Manager Re, what I feel is is unreasonable treatment by The Manager.

Or are you suggesting that I make my complaint to The Head Office, as I am loath to do this,as the last time a tenent reverted to this course of action, The Manager turned nasty on the person concerned.

What I am trying to establish is the following, before I proceed any futher.

Was I treated unreasonable Re The Managers decission/comments, was the manager acting outside of their remit, as there is nothing in my Tenency agreement, that states that I am not allowed to do as I did,(erecting windbreaker in The Garden,0 however The agreement does state that A Tennant shall not cause a nuisance, this term seems to be applied as a catch all for any thing the Manager is not happy about ,( with the warning, You are putting your Tennency at risk.)

When replying, please bear in mind that I am well able to defend my rights, but many of my neighbors are not computer literate, are far more eldery than myself, and beleive that they have no choice but to do as they are told, or be evicted, a good example, and I quote, a neighbor of mine recently was unhappy with a warning they had received, I replied, complain against it,
( The Reply received was if we complain, we may be thrown out, and where do we go to live then.)

[property mongrel]

Who do you not follow here Mago?

My suggestion was/is to find out what the role and remit of the manager is?

Is The Manager the warden also?

If The Manager acts other than in accordance with their roles and responsibilities and oversteps the mark, and having done so, receives a complaint and as a result intimidates those who complain then the manager needs dealing with.

And if The Manager gets nasty with anyone who dares to stand up to them when they quite rightly complain about being treated badly, then the managers employers need to know about this.

How did The Manager "get nasty" with a previous complainant? There are laws against ill treating or harrassing people.

pm

[thesaint]

Mago,

Firstly, you must establish if there is a written complaints procedure, I would be astonished if there isn't.
I have worked in supported housing, and we always gave a complaint form to a resident when they checked in, and let them know that they can ask for one at anytime.

We actually encouraged residents to complain if they had a grievance, instead of moping about muttering under their breath.

I accept that this is not the case with your current abode, but you CAN complain. If the warden has dismissed your request, ask if you can appeal.
If not, why not?

If you are told you can not appeal, ask for this in writing and report back.

[islandgirl]

I have dealt with a problem in my mum's sheltered housing by getting all the aggrieved residents together and sending a letter to the council (who own the block) - this avoids victimisation of one resident by the manager.

[Mago]

To summarise and answer some of your questions

property mongrel

As The Managers working hours are 8.00am until 4.00pm, week days only I assume that he is employed in the role of manager only, by The Housing Trust involved.

How did the Manger get nasty?

Some time ago a decree was issued that tenants were no longer allowed to store anything in their loft area. (It was said, that your loft is not part of your property,) any one using their loft as a storage area was in breach of their tenancy as a fire hazard was being created Re other tenants.

An elderly tenant spoke to her son Re this, the son then contacted head office to register his mother's disquiet re the warning, as she had been using her loft as a storage area for #10yrs or more.. Shortly after this complaint to head office, the manager approached the tenant concerned,(ranting and raving, how dare you get some one to phone head office and complain about me, if you or your son has got anything to say about me, then do it to my face and not by going behind my back.)

thesaint

As far as I am aware, there does not seem to be any complaints procedure, apart from if you have a complaint, you go to the Manager, who deals with it as he sees fit, the Manager will not entertain any objections to his decisions, one example is that he turns his back on the person objecting, and walks away. I must point out, that the person we are dealing with here, is a retired Prison Officer, who is not used to being challenged Re what ever he says.

islandgirl

There is no chance of the tenants getting together, as they live in constant trepidation Re loosing their tenancy.

A prime example of why this should be, copied from our most recent weekly News Letter.

It has been noticed that a young person with children has been arriving on The Court at week –ends .She gets out of her car with bags of washing which she completes in the laundry room and returns home. I remind you that as tenants you are given access to the communal areas for your use only. Any tenant giving access to their friends and or relatives to do washing is putting their tenancy at risk; I am today changing the communal door entry access code.

(The girl mentioned above is The Grand Daughter of an elderly tenant, as the girl has fallen on hard times, she is using our laundry faculties as an interim measure.)

However, all the above digresses from my question, which simply put is. Am I or am I not allowed to erect a Portable Windbreak in our garden, to establish if or if not it would be suitable for my needs. This fact I need to establish before I take the matter any further. I have contacted my local council, who advise that they would have no problem with me doing this, were I living in one of their properties.

[property mongrel]

In your OP it could be read that you were either trying to see if you would be allowed to put a windbreak up in the communal gardens and leave it there, or that you were putting a windbreak up for a few minutes as a trial run to make sure you could put it up prior to going away and using it?

In my opinion temporarily putting up a windbreak is not a problem, provided that you make good any holes in the garden on taking it down thus removing any potential trip hazard. Once it is taken down if there was no evidence that it was there, what harm is done?

Aside from this issue on the facts presented it appears to me that the manager is the main problem that needs dealing with, ranting and raving at people is no way to conduct oneself.

pm

[Mago]

property mongrel,

Thanks for your advice

The senario was that I erected the windbreaker for the following reason.

As a trial run to make sure I could put it up prior to going away and using it.

As it was a warm sunny day,I made use of it for aprox one hour before the Manager made an apperance, my explanation of the above cut no ice, and was told that no matter what the reasons were, I did not have permission to do this and would not be receiving permission.

[thesaint]

Call the head office and ask if they have a written complaints procedure.

[mind the gap]

However, all the above digresses from my question, which simply put is. Am I or am I not allowed to erect a Portable Windbreak in our garden, to establish if or if not it would be suitable for my needs. This fact I need to establish before I take the matter any further. I have contacted my local council, who advise that they would have no problem with me doing this, were I living in one of their properties.

I don't know. Why not just take to to your local park , a friend's garden or even to a piece of waste ground and erect it?

[islandgirl]

put your name on the council's sheltered accom waiting list? In the meantime I made a rule long ago to only fight battles worth fighting - and I don't think I personally would class this as one of them...