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i have been in my flat now for 1 year and i would like to sumit a SAR to my landlord/letting agent.

 

can someone point me to a link to a letter please.

 

when i moved in i had to paid £65-70 to have a i.d and credit check, on looking at my experain report, i can't see this being done.

 

also my kids (4, 2, 1) left water running in the bathroom and some when into the shop below. what is my best think to do next? the letting agent is round today to look at the damge.

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update, the letting agent has been round has has told us that the landlord will be giving a section 21 notice. i have seen from the link

Section 21 Notice To Quit what is going to happen.

 

the letting agent is going to find us somewhere else as we have 3 kids (4, 2, 1)

 

is there anything i need to know?

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The credit check might not be on your experian credit report, doesnt mean it hasnt been done.

 

What was the outcome with the damage to the shop from the water?

 

Go to your CAB they will be able to tell you if the s.21 is in order (assuming for some reason you want to dispute it?)

 

I assume that if your deposit falls under the tenancy deposit regs then it is protected accordingly? otherwise any s.21 notice served will be invalid until the problem is sorted.

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the letting agent sent round 3 people to look at the pipes and found 1 large Tweezers and a ring (very black) that did the blockage and hair.

 

the Tweezers and the ring is nothing todo with us.

 

 

 

 

i have look at all 3 CRA and none show the credit check that was done for the flat that i live in now.

 

 

out deposit (1k) is under the tenancy deposit

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bump

i am going to send the below letter to my letting agent.

is it ok to be sent

7(1) Data Protection Act 1998, Subject Access Request

OR

7(1) (d) of the Data Protection Act 1998.Subject Access Request

Dear Sir/Madam,

 

Re.: xxxxxx

 

I am writing to request a copy of all information over the last years (at my flat address). The information required should include, but not be limited to:

  • any document sent by you to me,
  • any document sent by you to a third party,
  • any document sent by a third party to you,
  • any telephone transcription between you and me,
  • any telephone transcription between you and a third party.
  • any repair work

Please find enclosed a fee of £10 for the maximum statutory charge.

 

 

I look forward to your response within 40 days, as you are obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner.

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I am not sure what you expect to achieve with the above letter - why are you sending it? The method the LA uses to check credit of potential tenants is for the LL to query since if these checks are not done properly, it is LL that will suffer. I doubt you will get your money back, since there is no requirement for credit checks to be carried out in a particular way.

 

If your landlord has decided to issue a s.21 notice to notify you that he wishes to regain possession of the property, provided the details such as dates etc. and notice period are correct, and your deposit is protected in accordance with the deposit protection regulations, then there is little you can do as LL is within his legal right.

 

If you do not leave on the date given in the notice, your LL will have to obtain a court order to gain possession of the property and as a s.21 is mandatory, the court will have to give the LL the possession order. If you still do not leave, LL will have to order bailiffs to evict you. LL may then seek to recover his costs via the courts.


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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i am wanting to send the letter as below and thery are prob the main reasons why the LL and LA want us out.

 

 

we have had probs with water likes, noise and have accused for setting the fire ailmes off and just dumping rubbish by the bins ect.

 

also the kids have been noisely as we have laminate flooring. not much we can do if thery are playing with they toys or having fun

 

as we have 3 kids under 5 and are on full houseing benfit does it make any different

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Is it a private landlord or council/housing association? :)

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its a private landlord

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OK, Have you had any previous warnings and how come they are finding you some where else to live as I thought it was only council who had this responsibilty?

 

I only ask as if you feel they are evicting you unfairly, I wouldnt want you to go through the same again. Have you been to your local council housing department and citizens advice?

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as of yet, we have not had the s.21 notice from the post but we have seen the flat is back on the net.

 

we have had no waring letter as such, just one letter saying there as been excessive noise (prob kids playing) rubbish on stairs and bins with wrong rubbish.

 

 

the LA and LL or LL friend is coming monday but as not sent it in wrighting

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Have you been to your local council housing department and citizens advice?

 

no not as yet as we are waiting for the note to come. we was ony told my mouth on friday afternoon

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I would go and see your local housing department Monday :)

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that is what i am going to do

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the LA and LL or LL friend is coming monday but as not sent it in wrighting

 

No one is permitted to just "come on Monday". You must receive a minimum of 24 hours notice in writing - and you DO NOT HAVE TO LET ANYONE IN whether they give notice or not.

 

If you decide not to allow them in to the property, this is your right, and they are breaching one of the main tenets of tenancy law - a tenant's right to "quiet enjoyment" of the property. If they persist, this is harrassment and is a criminal offence.

 

You still have not explained why you want to send this letter. I cannot see that it will achieve anything at all and seems to be doing nothing but cause you trouble.

 

If you have not received an s.21 notice requiring possession, then you have not been given notice to quit.

 

Please do as MRSWESTHAM has said, and see your local housing department. In all honesty, I doubt you will get much joy from them, they will tell you to stay put. You are housed as far as they are concerned so they will not be giving you a council house, or housing association house, anytime soon.

 

The other person you could see at the council is the Tenancy Advisory Service who will be able to advise you re dealings with your Landlord and Letting Agent. Two other excellent organisations who are there to advise you are Shelter and CAB (Citizens Advice Bureau).

 

Regarding noise because of the laminate flooring, in many apartment blocks it is now illegal to put laminate flooring in above the ground floor because of the problem with noise for the apartments below. I don't see how LL can uphold any complaints against you when he should have carpeted the apartment in the first place.

 

Regarding whether having 3 children and being on Housing Benefit makes a difference - no, it doesn't. The LL can still follow the s.21 process to evict you - when it gets to obtaining the court order, you might get an extra 28 days but that would be at the discretion of the judge. Please don't count on getting social housing though - it is not easy and you may be disappointed.

 

I hope you get this sorted out. Good luck.


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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Regarding noise because of the laminate flooring, in many apartment blocks it is now illegal to put laminate flooring in above the ground floor because of the problem with noise for the apartments below. I don't see how LL can uphold any complaints against you when he should have carpeted the apartment in the first place.

 

 

are you saying beause of the laminate flooring and the kids that we sholud no be in the flat at all, and therefor, it is the LA fault about the noise?

 

it bit about "now illegal to put laminate flooring in above the ground floor" can you point me to a website which say that please?

 

thank you

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I dont think he is saying that, please correct me if i am wrong Kentish Lass ! I think what she means is in council and housing association houses you are not alloud to put laminate flooring upstairs partly for the noise reasons.

 

Im in housing assoiciation and im not alloud it upstairs, i think it may be different for private ll though , Good Luck tomorrow x

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I dont think he is saying that, please correct me if i am wrong Kentish Lass ! I think what she means is in council and housing association houses you are not alloud to put laminate flooring upstairs partly for the noise reasons.

 

Im in housing assoiciation and im not alloud it upstairs, i think it may be different for private ll though , Good Luck tomorrow x

 

You are correct. I was simply commenting on the fact that in some NEW apartments blocks, the leases state that installation of laminate or wood flooring is forbidden.

 

This does not necessarily apply to your building.


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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update,

 

the la and ll did not come at the time said. we phone them and got told "now coming this evining"

 

still we have got it in writing that they are coming nor have we got the S21 notice in writing.

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Let us know how you get on.

 

Remember, they are not allowed to harrass you, or to do anything which might appear to be trying to make you leave. There are very set procedures for doing things and they must stick to them. If they don't they could be committing a criminal offence and be liable for a very large fine and even imprisonment.

 

It probably wouldn't hurt for you to let them know that you are "taking advice".

 

Also remember, YOU DO NOT HAVE TO LET THEM IN if you don't want to. They cannot insist and if they do, you call the police.


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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my other half let them in even tho what i said. the LL friend came and there where happy with the place clean and tidy.

 

still have still not we got the S21 notice in writing however now the LL friend has came round and seen the place i will let you know what happends in the next few days.

 

 

 

thanks to all helping me so far.

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If you get the Section 21, then go straight to the Housing Dept. This may be your one very good chance to access social housing - you are losing your home through no fault of your own and you are in priority need under the Homeless Legislation.

 

However, this will depend on whereabouts in the country you live - if you are South you'll be going into a hostel or BB but North you may be more fortunate. Not very pleasant, but play along with it, it won't be forever and you'll get a permanent home at the end of the day.

 

I should pop along to see an advisor at the council, there's lots of things they can do to assist including speaking to your landlord on your behalf, to let you remain where you are. They can offer you rent in advance/deposit on loan to help you secure another private let.

 

It sounds very much to me, and I manage a lot of flats over business premises, and it rarely works out where there are children, that your landlord has had complaints from the shop about the sound of normal family living noises, and that both the agent and landlord are now considering whether they should house children in this type of accommodation. If they are offering to find you a more suitable let, then that can only be a good thing and it sounds like your landlord is ok.

 

I witnessed first hand recently the conflict that can happen between shop owners and tenants above - the issue was noisy sex during the day when the shop was open. The shop is a lighting shop and they have loads of light fittings hanging from the ceiling. The fittings were literally swinging back and forwards whenever the activity upstairs was going on! Having witnessed that for myself I then had to go and speak to the tenants - I don't believe they ever had sex again! You be careful what noises you are making wont you!

 

Try not to be too down if you do have to move - the accommodation you have is not suitable for children and you can do better than that if you are patient. Are you on the Council's waiting list? If not, get yourself registered.

 

Good luck everything generally works out for the best I find!

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I witnessed first hand recently the conflict that can happen between shop owners and tenants above - the issue was noisy sex during the day when the shop was open. The shop is a lighting shop and they have loads of light fittings hanging from the ceiling. The fittings were literally swinging back and forwards whenever the activity upstairs was going on! Having witnessed that for myself I then had to go and speak to the tenants - I don't believe they ever had sex again! You be careful what noises you are making wont you!

 

Hilarious. Your job sounds so interesting.:)


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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the notice 21 has came today,

 

it is attach as a picture. taken via a miobile

s21 notice.jpg

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