Thank you Mr. Shed. In that case, what if they claim they have nothing. The agents are currently witholding inspection reports, claiming they belong to the landlord. If pressed they will claim they have destroyed their copies. Is there a power to forcibly search premises. They previously mentioned their diary extensively yet now claim there are no diary entries or sometimes even no diary. The diary would shed some light on the trespass/burglary which I believe they are responsible for. Lastly, what about 3rd party disclosure? they claimed certain things about a plumbers visit. I asked the plumber on the telephone and he disagreed. I asked for written confirmation and he clammed up. He sent 1 ambiguous email and refuses to answer others. I think the agents shut him up as they know him. I really am at a loss as to how I can obtain justice, though it is looking increasingly likely that documents important have been removed, perhaps during the trespass. Lastly, as a company, do they have to abide by any stricter standards of truthfullness. Can they be prosecuted for being so inconsistent with what they say that it constitutes lying? Any help gratefully received...

Could someone refer me to a source that explains what powers I have to force my landlord/agents to disclose evidence in a civil case. I am particularly interested in telephone records etc. The case may become criminal as I believe they may have stolen documents from the property. Many thanks all

I am trying to discover how to research a case between Cardy and Natwest. I believe it took place in 2006 as the story was in the Daily Mail (Yuck) on August 6th 2006. Natwest failed to correctly ammend a customers credit record and as a result he was awarded £5000 as Natwest didn't show. On appeal he settled for £4000. I am in a similar situation and I want to know what his argument was. How can I find this case (I don't know the court) and does anyone know how I could calculate a claim figure for years of bad credit? Many thanks all

I take your point nightmare4, but whilst witholding rent arbitrarily is unlawful, witholding to offset damages etc. seems to be allowed. Any help with the earlier points. Also, what are the chances of a technically incorrect Section 21 (expiring on rent payment dates and not when periodic tenancy renews) being thrown out by a judge? Hope someone can enlighten me regarding these and the above matters. CAB cannot see me for ages.

Everything regarding access was dealt with via email. Other stuff too... I have made quite a good log. Details dates and correspondence. Also I have logged a complaint with the ICO regarding their atrocious conduct over my dataSAR request. In contract it says new locks mean new keys for landlord. I offered this but they are not having any of it. They threaten immediate eviction. this seems like harassment....? Landlord tried to escape responsibility for rats. Environmental health dealt with it and ordered them to undertake repairs/proofing. They never did it but claimed to EHO that I refused access. This is not true and can be backed up by email. Furthermore, the agent has a full time job and so is very difficult over visiting times. I have offered almost any time between 9-5 weekdays, if given reasonable notice and a few options (i.e. choices of visit time). They continue to dictate a single time. After cancelling my plans, so as to accomodate the agent doing repairs immediately after the private vermin controller came (second vermin problem!) this morning, he cancelled, even though I had said in a previous email that his behaviour was outrageous but I would still allow him to do the work. His reason was that I appeared to doubt his handyman ability...which is true. But I still said it was ok. Phew... Loads more but you all have lives too. Again, many thanks! P.s. We are currently withholding 50% of the rent until our 'quiet enjoyment' of the property is restored. I have made clear that this will be to cover damages and expenses for us. This is the first month we have withheld and we will be here for a maximum of 3 more. we have had really bad damp for 3 years and written letters to them about this. Forced to run a dehumidifyer almost constantly. clother ruined etc. For that reason and the trauma over the rats and burglary I believe that this is a fair rent withholding. Furthermore, I have offered to pay any withheld rent immediately, once our quiet enjoyment is restored and stated that this will require these 3 issues be adequately addressed. phew again..... Any ideas. I am still worried about eviction and CID are dragging their feet. Also medical problem doesn't help. Many thanks

Sorry about that. I have appointments with the housing officer and the CAB pending. Unfortunately I have a learning disability that 1) makes concerted effort and consistency difficult 2) allows me to hyperfocus on certain things that interst me. I have learnt a lot about the theory of housing law recently. My current problem is Rats. Agent refused to act in January and, eventually I got EHO to force action. EHO 'baited' and ordered agent to repair damage (done by them in EHO and my opinion). They stalled over this but claimed I was stalling (they consistently make pathetic lies when challenged over anything... I can hopefully demonstrate this). However I believe my emails support my story. I have become increasing ill due to stress of rats and other things they have done (trespass/burglary...C.I.D. are dragging there feet with getting involved but I will MAKE THEM get involved. I have new medication now!) I stated that they could enter any time 9-5 to do the work if they gave advance warning and were a bit flexible. Initially they made a fuss and I discovered that the man (it is a husband and wife team) work full time elsewhere. He always wanted evening visits. Now they dictate one hour slots whereas I have asked for slightly more flexibility over this. Recently I said that they cannot enter without my permission and this involves liaiseing with me. They informed me that they were doing overdue repairs whether I liked it or not at a certain time. If I was not in then bad luck. As I suspect them of (trespass/burglary/fraud etc.)I find this very distressing and told them so but also, to be reasonable, said I would allow it. I believe this is harassment and that a judge in the civil court will also sympathis with me when I sue them. Is this so. I threatened to change the locks and charge them if they didn't give satisfactory answers over their inconsistent stories. I made a point of saying they would be issued with new keys. They said if I do this they will commence immediate proceedings for eviction. Will this work for them? Seems more like bullying to me! LOADS more to impart but this is a start. They are terrible greedy 'affluenzacs'. Bane of the small minded western world. I 'wound up' their solicitor on the phone for fun. Let me know if you want the details! I am so moved that people are willing to help me. I was a Samaritan for a year so perhaps I am collecting some Karma! Thanks again all. Any advice greatfully appreciated!

testing....

Thanks for your help everyone. I am a bit more chilled about the leaving date now. When I have everything more sortedI will elaborate in more detail re ill health. Thanks for the offers of help. On another post I asked a question about the ICO. No answers as yet. If anyone can find it (started by me) and if anyone has any ideas I would be grateful. Anyway thanks again. I should post more details within a fortnight. One more thing. Is it relatively easier to sue a landlord when you are in the house as opposed to once having left it. Someone at the council told me that this was highly relevant in practice. Perhaps I should get moving...

Anyone.....?

With regards to a dataSAR, if things are not included is it true that the landlord cannot rely on them in court? What if things are included that were never sent to me? i.e fraudulently included to try and benefit them in court. I am composing a letter to the ICO but any guidance beforehand would help me be more incisive. Thanks

I live in a flat and I first signed about 3 years ago. Many thanks all...

My landlord has given me a section 21 notice, only a few days after the EHO insisted that he make certain changes. I had returned a new contract but he claims he never received it. I have been given a leave date but really I need another 2 months. As I am VERY ill, partly due to the landlord/agents conduct and can prove this, will a court grant me an extra 2 months after the tenancy ends? I have offered this to the agents and have as yet heard nothing.

Brilliant Glenn. Thank you. I really appreciate that.

Thanks Glenn. I did the full data subject access request in Feb. Where can I find exactly what info. I have rights to within the DPA? I suppose I can read the whole act but I would rather read a condensed version if poss. Also, you mention reporting them to the ICO or taking them to court. I know about the former. Would the latter involve forcing them to release the info? How can I prove they have it? Or would I sue them for damages? thanks again...

Sorry if this becomes garbled..... At present we have sufferd with damp for 2 and a half years. We made the letting agents aware and they lent us a dehumidifier. This however was not enough and the house continued to be damp. The letting agents tried to blame us and told us to e.g keep windows open when showering. We live on the ground floor so this was not possible. Other unreasonable advice was offered. Recently we discovered a leak under the sink. The letting agent was very woried about it but mended it himself. He promised that a plumber would check the work. I also saw a rat and told the agents. When we later asked about the plumbers visit the agent was evasive saying it went fine. We had recieved no notice of a visit and knew nothing about one. I continued to press him on this until one day I came home and found material evidence that someone had entered our house and been unde the sink. I still have the evidence. I now want to get copies of EVERYTHING under the data protection act so they can not invent phantom letters from themselves when confronted by the police. They say that only contracts and credit checks come under data protection. The ICO said I can make a complaint. I am hoping to see a housing lawyer. Ideally I would do things in this order. Get Data Get Environmental Health See Lawyer Tell Police. Can anyone give me ANY advice on this?