Do I have a right to move?
I am a tenant of a housing trust. Can I hold my landlord to a promise to transfer me from my property, where there have been proven neighbour nuisance problems? Two years have passed since an offer was made, and when I write to a manager I am told: "Your case is being actively looked at, along with others." Then nothing happens. My point is, the transfer offer I was made, two years ago, was a management transfer. I was told by the manager concerned that "if this doesn't suit you, we'll offer others until we find one that does". I was then offered a bedsit that the trust must have known I would refuse. Do I have any rights after two years have passed?

Tenants do not have an absolute right to a transfer. However you do have a right to have your request for a transfer properly dealt with. You should ask your landlord for a copy of their complaints procedure and use it. If using the complaints procedure does not get you any satisfaction, you can complain to the independent housing ombudsman. If you can, keep copies of all letters you write to your landlord, and keep all your replies, so you can show the ombudsman what you have said. If you have a meeting with your landlord, keep notes of what is said.

While you have no right to a transfer, you may well have a right to a mutual exchange, so you might want to think about looking for an exchange as a way of moving.
Catherine Hand, partner at solicitor Jenkins & Hand

Not currying favour
Some of our properties are adjacent to a curry house. The curry house has been no trouble for years, but recently tenants have been complaining about the fact that the smells coming from it are getting stronger and stronger. I've been over to have a sniff, and there is a very strong smell of curry throughout the properties. It's not a bad smell as such, but it's not exactly pleasant either, and it is very intrusive. What, if anything, can I do?

Good practice public health procedures would involve investigating the residents' concerns, such as checking for previous complaints and records associated with the premises. The investigation could involve a request for the complainants to keep a record of the times and dates of the alleged nuisance. This could be followed up with observations by a member of the environmental health team. If the smells were judged to be a public health nuisance, it may be necessary to take enforcement action under the nuisance provisions in section 80 of the Environmental Protection Act. However, this would usually follow appropriate mediation and dialogue with the restaurant owner.
Richard Kemp: executive member for housing and neighbourhood services in the Liverpool cabinet

More on works charges
Catherine Hand (19 September, page 39) makes an often overlooked point – look first to the lease because, in principle, no charges can be made save as the lease permits. In this case of local authority transfer it is worth pointing out in particular the right-to-buy restrictions, which can have long-lasting effect.

The cases of right to buy before the Housing and Planning Act of 1986 will still have effect for some time to come. No charges can ever be made in respect of structural defects if the landlord first became aware of them less than 10 years after the grant of the lease, unless they were referred to in the offer notice with a cost estimate.

For properties bought after the 1986 act, there are restrictions (normally) on costs incurred before the end of the fifth complete service-charge year after the lease begins. The restriction applies to costs incurred within the year and will affect landlords who often have some costs incurred in one service-charge year appearing in the next year's service charge, especially if they were paid in the later year.

There are also restrictions under the 1985 Landlord & Tenant Act.
Niki Goss, solicitor, Wandsworth and Merton Law Centre

If you have a housing problem, or a better answer, write in confidence to:

THINK TANK
Housing Today
7th floor, Anchorage House
2 Clove Crescent
London E14 2BE

Or email: jennifer_dunn@buildergroup.co.uk