The structure and procedures of the Grievance & Complaints Group
1. The Grievance & Complaints Group standing membership shall consist of up to eight members, including the Equal Opportunities Officer if possible. Group members should have undertaken BHIMS mediation awareness training, and peer training with long-standing group members. Prospective group members can observe the complaints process before joining.
2. A Group Convener will be chosen from amongst the Group members.
3. Should either the aggrieved person or recipient (under Section 4) or raise any reasonable objection to any member of the Grievance & Complaints Group, that member must stand down whilst the grievance is being investigated.
4. All grievances which cannot be resolved through negotiation and requiring action by the Grievance & Complaints Group must be notified to the Group on a Grievance Form.
5. All complaints under Section 5 must be notified to the Member by the Secretary in the case of breach of Rules, uncooperative or anti social behaviour, and by the Treasurer in the case of rent arrears.
6. The role of the Grievance & Complaints Group
The Group will:
Manage the complaint or grievance process
• receive, date and copy Grievance Forms
• forward Grievance Forms to the other party, with a Response Form
• receive, date and copy the Response Form and give a copy to the complainant
• ensure that parties understand the Complaints and Grievance processes
• assess the validity and seriousness of the grievance, and decide further action
• discuss anonymity with the parties to the grievance and respect their wishes
• keep records of interviews, informal mediation, and conciliation and arbitration meetings
• report appropriately to the Co-operative via the Welfare Group
• close the case, informing parties and Welfare Group of outcome
• arrange to interview the parties to the grievance to prepare for resolving the matter
• gather information relevant to the case.
• as speedily as possible but no later than 14 days of receipt of the Response Form, arrange a Resolution Meeting between both parties to try to resolve the problem (see 4.5.1 above)
• if necessary, arrange a specially convened Arbitration Meeting to arbitrate the grievance (see 4.5.2 above)
The Group may:
• make suggestions to the parties to the complaint or grievance or the Welfare Group regarding possible resolutions
• make BHIMS referrals if requested
• decide whether the seriousness of the matter needs to be treated as a Co-operative v. Member grievance, e.g., breach of Tenancy Agreement or the Rules (see Clause 6.)
Ending the Tenency
Process for Using Rule 10a
Timeline for Recovery of Possession
Samantha Dawkins (Edward Harte Solicitors) April 2018
1. Pre Action Letter sent by solicitors requesting payment of the arrears within 7 days or contact the solicitors with a proposed payment plan with a minimum contribution of £10.00 per week
2. 7 days thereafter if arrears have not been paid or a payment plan not agreed then a Notice to Quit will be served providing for 4 weeks’ notice to vacate
3. In the event that the tenant does not vacate then Particulars of Claim and a Claim Form prepared along with funds on account obtained for the Court fee (which is currently £355.00). Approval from Two Piers for us to sign and file that paperwork (usually takes a week)
4. The Court will issue the Claim usually within a week of receiving it
5. Once the Claim has been issued the Court will set a Hearing date not less than 28 days but not more than 56 days after the date of issue
6. Once the Claim has been issue the Defendant has 14 days in which to file a Defence
7. If the Judge is satisfied to grant possession they will do so at the first Hearing and the usual Order for Possession is 14 days. If there is a viable Defense then the matter will have to be set off for directions.
8. If a Possession is granted and the tenant does not vacate on the Order date then we have to apply to the Court for a Warrant for Eviction. We are usually able to make that Application within one week of being notified that the tenant has not vacated.
9. The Court will set a date for eviction which is usually 1 – 3 weeks after receiving the Application for the Warrant. The Warrant fee is currently £121.00.
10. On the day of the Bailiff’s appointment a representative from Two Piers needs to be in attendance to authorise the bailiff to proceed and I would also advise that a locksmith is also there. If the tenant is in the property they will be removed by the bailiff.
11. If the tenant has not removed all of their personal belongings they will need to be provided with a reasonable opportunity to collect them which is usually around 14 days
12. If belongings are not collected within the stipulated time period then you will need to contact me further for detailed advice regarding the Interference with Goods Act and how you deal with the tenant’s belongings
13. In the event that the matter is defended and the Judge does not deal with it at the first Hearing then the following directions are usually provided for:
n) Provision for you to provide for a reply to the Defense: usually around 4 weeks
o) Disclosure of all relevant documents and correspondence by each party: 4 weeks thereafter
p) Witness Statements: 4 weeks thereafter
q) The matter would then be listed for a trial which could be anywhere from 3 to 6 months thereafter.