Cornwall Council
								 
						 
						Case Details
 Posted by Edward W.
 Posted by Edward W.  @Editor
 @EditorIncompetent employees
Four and a half years ago I received a letter from Cornwall Council stating my home had been identified as an HMO (House in Multiple Occupation). To be classed as an HMO, there would have to be 4 or more unrelated people sharing the same facilities, but what would not be included was separate units, each having their own kitchen, bathroom, and entrance. My property, a 4-bedroom bungalow, was designed to have 3 separate units and only had 1 section with its own kitchen and bathroom but was sharing the same entrance as myself. This was then not an HMO, and Cornwall Council, as usual, had got it wrong. This was just one of many mistakes made by Cornwall Council. I am 81 years old and blind. Due to having spent many years outside the UK, I was not entitled to a pension. I therefore took in lodgers as my only source of income. They signed a government-drafted lodgers agreement with me. Nevertheless, the officer dealing with this case informed me that a lodgers agreement is the same as a tenancy agreement. Her own common sense should have told her that by the different names it would indicate they were not the same. To prove this, I sent her a copy of a lodgers agreement to prove she was wrong and asked her to answer many questions I had relating to renting out parts of my home. To this day, five years later, they still have not been answered, regardless that I requested this information on numerous occasions.
Three and a half years were to pass (why if Cornwall Council had reason to believe i was operating an unlicensed HMO?) before I received another letter threatening me of her intentions to enter my home using statutory powers (without the use of a warrant), obviously implying if necessary it could be forcibly done. Is this England? Where an Englishman's home is his castle or Russia? Shortly after receiving this letter, she arrives at my home uninvited and without any pre-warning. The very first thing she informs me is that due to the chronic shortage of homes in Cornwall, the last thing she wants to do is make more people homeless, yet that is exactly what she did, claiming my home was an HMO. Yet in frequent correspondence I received from Cornwall Council, it quite clearly states not consisting of a self-contained flat or flats, which my property consisted of. She was employed in a position of which she was totally ignorant of the correct rules and regulations, as she emphasised herself by stating in correspondence to me, "Your property is complicated." How much confidence did that give me that she had the power to fine me and tell me what to do in my own home yet openly admits she is unsure by my property being complicated? She then demands a list a mile long of what certificates and what she wants to be done, yet when the gas and electric certificates were sent to her, she then lied denying ever having received them. When proof was provided of them being sent, she states, "I made a mistake," which was to be one of many. She informed me my open-plan stairway, which had been the same for around 40 years, was not to her liking and demanded I pay a fine of £174 for informing me of this. Regardless that previously an officer from building control had used the same stairs to view my loft conversion but never criticised the stairs in any way. On another visit to me, she was escorted by a fire safety expert. She claims that the small fridge which I had standing in a recess in my hall was a criminal offence and a fire risk, yet when the fire expert asked me if it was switched on and I replied no, he immediately contradicted her by saying, "Then it is not a fire risk."
Not wanting to be outdone, she then claims, without any equipment to come to this conclusion, that my house is excessively cold and issues me with another fine of £203. This took place during the summer months whilst my central heating was switched off. I found this so ridiculous that I obtained a letter from each of my 4 lodgers, all of which quite clearly stated that if anything my house was too hot. I also contacted the heating expert who had installed a new boiler and top-of-the-range double-panel thermostatically controlled radiators in each room at a cost of £4000 to contact her. This he did, but now she was way out of her depth and first used the excuse she could not give him information as to her conclusion due to the Data Protection Act, but nevertheless blatantly lied to him stating it was only the garage she was referring to. Yet I have the earlier-dated letter which quite clearly states, "You are being fined £203 because I had to increase the heating by using portable heaters, however, this will be inadequate to achieve and maintain an adequate indoor air temperature throughout the dwelling during cold weather." It doesn't end here. Her next fine is for £235 for informing me of having inadequate fire precautions in my home. Regardless that I had previously had Newquay Fire Service visit my property and informed me of what alarms to install and exactly where to put them, which was all done way before the visit I had from Cornwall Council, I also had Newquay Fire Company come and install fire extinguishers and blankets. She demanded that I immediately install the alarms that she recommended, which she said could be purchased from Screwfix. (Maybe she's on a commission with them).
This was done immediately, but she required proof of this and insisted I sent her a photograph of each alarm, also showing part of the room where it was installed. As if this was not enough, she then tells me that the fire extinguishers were of absolutely no use as before they can be used the user has to be trained in how to use them, irrespective that each fire extinguisher has full operating instructions on them. I found this so ridiculous I complained to her superiors, who in turn informed me they found no wrongdoing on her part, but nevertheless made her revoke this claim against me. I wonder why, when they had found no wrongdoing on her part. I have appealed against all the charges and am awaiting the outcome from the appeal courts. If by chance, regardless of all the documentary proof and witnesses I have in my favour, they decide to judge in favour of Cornwall Council, Cornwall Council will still have to take me to court to enforce the fines levied against me. Let's see what the presiding judge decides upon. The story does not end here. I have encountered also numerous problems with building control, who, like the housing section of Cornwall Council, tries to extract as much money out of you as possible but give you very little back in return. Due to my age and being blind, it has cost me far more than if I would have paid the £612 unjust fines in the first place by having someone do all the admin work for me, but I am determined to fight this to the highest possible level if necessary. What would you do if you were in my situation? I would love to hear from anyone else who has also encountered problems dealing with Cornwall Council. Do you, as a taxpayer and Cornwall Council ratepayer, have any idea how much money it has cost in hours paying this person who knows about as much of the job she is being paid for as a baboon? I now know why Cornwall Council is going to such extreme devious measures to increase their coffers due to them being in so much debt, which probably all boils down to the fact Cornwall Council does not know what they are doing and which I have adequate proof of in photos and videos...
Guaranteed to tie you in knots!
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