Landlords Information

[TKD]

Hi, first post!

I won't go into too much detail, because it's been going on for so long I just want it to end..

My partner, baby son and I relocated into a property in the South of England. Our neighbours have since damaged our car on several occasions, shouted abuse at us, banged on our front door and rung our doorbell at 4am, waking our son up and causing us a huge amount of stress. The Police, estate agents, Environmental Health, Council, CAB - all claim to be able to do nothing.

So I tried to contact my estate agents, who since our problems began have been rude, abusive and on several occasion hung up the phone on both myself and my partner. I requested the landlords name and address in order to make a complaint and ask for him to be reasonable and allow us to leave early. The Manager said he would get it for me, no problem. He then came up with some story that the landlord was uncontactable, and that he would speak to them asap. So I gave him the benefit of the doubt.

Several weeks past, with no reply, I called over and over for these details, and on one occasion the advisor told me 'I will not give you those details, our policy is to keep our customers files confidential and I don't care what the law says', then hung up. I was under the impression that we can by law request our landlords information in writing?

Anyway I've spoken to one of the Directors of the company, and explained that I have been advised to write to him, and request the landlords details, to which he will have 21 days to reply (which I was advised by a solicitor to do). He just laughed and hung up... I'm tempted to complain to the Ombudsman, because quite frankly the company should not be allowed to trade.

What happens when they do not reply (as I suspect they may not) within 21 days?

Cheers, TKD

[MrShed]

They are breaking the law, and you can obtain a court order to force them to give you the details.

[TKD]

As I thought, thank you for the confirmation.

[Ed999]

How to find the landlord's name and address:

Read this thread - http://www.consumeractiongroup.co.uk...eductions.html


You have disguised your real problem well, congratulations! But if you are really asking how to go about terminating a fixed term tenancy before the six month fixed period has ended, read this thread:

http://www.consumeractiongroup.co.uk...-eviction.html



Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

[Planner]

Ed999 What are you doing..... At least 1/2 the posts you have responded to in the last hour are weeks old and have been suitably given bespoke answers rather than your bog standard cut-and-paste one liners.

Your knocking the more recent posts, the ones people need help with, off the front page!!!!!

[TKD]

Originally Posted by Ed999

You have disguised your real problem well, congratulations!

You must be really bored, congratulations!

[TKD]

Merry Xmas all,

I have sent a letter to the agency asking for my landlords information, and it has now been well over 21 days.

I have spoken to Shelter & CAB, and they've both confirmed that by not replying to my letter, they are commiting a criminal offence, and could be liable for a fine currently set at £2500.

They both tried to talk me out of taking it that far, and advised me to first send the agency another letter warning them of the fine and there obligation to provide me with this information. However, I initially wanted to write to the landlord to ask to be either moved or allowed to end our tenancy early. Since we are only a month away from moving now anyway, writing to the landlord now seems pointless, apart from to complain.

So going back to the agencies legal obligations. They have prevented us from potentially moving from the property earlier than the intended date on the tenancy agreement, and for me that is unnaceptable and unfair, as we have as a consequence had to endure even more misery.

What I want to know, or at least get the opinion of others on, is are they likely to wriggle out of this one if I decide to take legal action? I mean what would constitute as a reasonable excuse to not send me the info? Can they simply say 'We didn't have time' or 'The person that deals with that side of the business was on holiday'?

Also, if for example I took legal action and we went to court in the middle of January, say two weeks before the end of our tenancy, will the court just dismiss the case because the original purpose of obtaining the landlords information is no longer relevant?

I personally would hope that the law is the law, and there's no excuse for breaking it, but I don't want to go to court so that they can talk to me like i'm a three year old, I want some assurance that they'll take this case seriously.

Anyone had a similar experience and can advise on how they went forward with it?

Cheers

[MrShed]

You have an absolute right to the landlords details at any point during your tenancy, and as such the case cannot be dismissed as the information is "no longer relevant". On the same token, unlikely they can wriggle out of it.

[TKD]

Many thanks for your reply. Best wishes for the new year.

TKD

[TKD]

Hi,

I've been doing some research, and I came across this:

Landlord and Tenant Act 1987 Section 48, Note 1.

1. A landlord of all premises EXCEPT those to which Part II of the Landlord and Tenant Act 1954 applies must supply the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.

2. Until the landlord notifies the tenant of his address for service, the landlord is unable to enforce payment of rent or service charge arrears.

Now can I assume that this simply means he has handed over the administration duties to the agency, and that it isn't a way of them getting out of supplying the landlords address?

Also, I've established that they've broken the law by not sending me the details, and that they could be subject to a fine, but where do I go now? A solicitor maybe? Or directly to the courts?

Secondly, I believe they may have once again failed to comply to regulations, this time surrounding my deposit. In my contract, it DOES state that my deposit is held by a scheme, but they have NOT sent me the certificate in the post, which I have been advised we both need to sign.

Any advice on these two points would be much appreciated. The time to take this forward is very close, and I want to be as prepared as possible.

Cheers, TKD

[MrShed]

Answers in red below

Originally Posted by TKD

Hi,

I've been doing some research, and I came across this:

Landlord and Tenant Act 1987 Section 48, Note 1.

1. A landlord of all premises EXCEPT those to which Part II of the Landlord and Tenant Act 1954 applies must supply the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.

2. Until the landlord notifies the tenant of his address for service, the landlord is unable to enforce payment of rent or service charge arrears.

Now can I assume that this simply means he has handed over the administration duties to the agency, and that it isn't a way of them getting out of supplying the landlords address?

As far as you need to know for this situation, yes.

Also, I've established that they've broken the law by not sending me the details, and that they could be subject to a fine, but where do I go now? A solicitor maybe? Or directly to the courts?

Directly to county court/small claims court.

Secondly, I believe they may have once again failed to comply to regulations, this time surrounding my deposit. In my contract, it DOES state that my deposit is held by a scheme, but they have NOT sent me the certificate in the post, which I have been advised we both need to sign.

On what date did you move into the property?

Any advice on these two points would be much appreciated. The time to take this forward is very close, and I want to be as prepared as possible.

Cheers, TKD

[TKD]

Originally Posted by MrShed

On what date did you move into the property?

28th July 2007.

[MrShed]

In that case, you are automatically entitled to 3 x the deposit as compensation, as well as the return of the deposit, if you take the case to court, as it clearly falls under the TDS rules.