Statistics

Response to this request is long overdue. By law, under all circumstances, Kensington and Chelsea TMO should have responded by now (details). You can complain by requesting an internal review.

Dear Christine Carter, Kensington and Chelsea TMO,

FOIA REQUEST TO THE TMO

How many on going controversies are the TMO Presently dealing with for each of the consecutive past 6 years?

How many of these are in court?

How many cases have been taken to court based on Tenants being behind on their Service charges?

How many are not in court?

How many have been settled?

How many were caused by the Tenants?

How many were created by the TMO staff?

How many were created by outside contractors?

How many of these could have been settled through independent arbitration?

What is the cost so far to date and for each of the consecutive 6 years?

What are the costs so far to date since the TMO have been in office?

I look forward to your reply within the statutory requirments.

Yours faithfully,
By:* Stuart Russell Cocks
General Executor/Chairman occupant of the office of the TTRA Estate-in-Trust

*All replies to this request are on the following conditions.

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All respondents affirm full disclosure is provided and no wilful attempt is made to make false or fraudulent declarations.

All respondents affirm to the best of their knowledge under penalty of perjury they have written the truth the whole truth and nothing but the truth so help you God.

Respondents accept this oath under the UK Statutory Declarations Act 1835.

Negligence will be deemed as Wilful Misconduct or Malfeasance of office.

That my fees schedule is noted should wilful and or implied misconduct apply.

General Executor and occupant of the office of the senders estate.

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Clare Lees, Kensington and Chelsea TMO

1 Attachment

Dear Mr Cocks,

 

Please find below the response to each point raised in your request for
information.

 

How many ongoing controversies are the TMO presently dealing with for each
of the consecutive past 6 years?  

We are unsure of what information you are requesting.

    

How many of these are in court? 

The TMO's rent income manager is only able to supply full data from August
2008 when the rent income team came into being. The data following in this
reply relates to court proceedings commenced because of rent arrears
alone, or cases in which rent arrears are the predominant breach of
tenancy.  Between 1st August 2008 and 4th July 2012 681 such court
hearings have taken place.

     

How many cases have been taken to court based on Tenants being behind on
their Service charges? 

Service charges are amalgamated within the rent on the rent account.
Arrears may therefore arise because of non-payment of either rent or
service charges or both.  It is not therefore possible to specify how many
of the 681 court hearings are because of service charges alone, or a
combination of non-payment of both service charges and rent.

     

How many are not in court? 

The TMO has a total of 6,570 secure tenants at 13th August 2012. 681 court
hearings have taken place since 1st August 2008. However, some of the 681
hearings have resulted in arrears being cleared in full and possession
orders discharged. Some of the hearings represent tenants who have been to
court more than once. However, many of the hearings have resulted not in
court orders but rather have resulted in adjournments on payment terms if
tenants have reached a late agreement just before the hearing.

    

How many have been settled? 

We are unsure of what information you are requesting.

    

How many were caused by the Tenants?

All were caused by tenant non-payment.

    

How many were created by the TMO staff?

None.

    

How many were created by outside contractors?

None.

    

How many of these could have been settled through independent arbitration?

All tenants who are served a notice of seeking possession are offered the
opportunity to meet with "staying first", an agency which offers
independent legal advice, including a chance to reach an agreement to pay
by installments.  Additionally all tenants in arrears and subject to legal
proceedings are advised to take their own independent legal advice.

    

What is the cost so far to date and for each of the consecutive 6 years?

£138,435 in unpaid legal costs is currently outstanding, from 2003, from
tenants who have been taken to court and a possession order obtained.  The
standard cost awarded per case (in august 2012) by the court service is
£276.75 for a 5-minute hearing, although this does not reflect the actual
cost per case in staff and solicitor time. If cases are defended or if
they proceed to a lengthy trial the costs can be greater per case.

     

What are the costs so far to date since the TMO have been in office?

This information is not available.

 

Please do not hesitate to contact me if I can be of any further
assistance.

 

Kind regards,

Clare Lees
Governance and Organisational Development Officer
t:  020 7605 6352
[1]cid:image003.jpg@01CA3AE4.31B7BD00
w:  www.[2]kctmo.org.uk 
a:   292a Kensal Road, London, W10 5BE     

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