Jump to content


style="text-align:center;"> Please note that this topic has not had any new posts for the last 2477 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I'm going to number these points to make it easier to follow. My landlord has taken a certain irreversible path, and my question here is what can I do to minimise the damage, and what counter-action can I take, including but not limited to reporting him to any regulatory body.

 

1. I lived in shared property for just short of three months, leaving mid way through the last calendar month. This arrangement was governed by an AST.

2. An informal agreement was made by email that the final few days of my tenancy would be paid for at the end of that calendar month, three weeks after I had moved out.

3. A few days later, my deposit was returned, less money deducted for unsubstantiated bills.

4. When the end of the month arrived, given the discrepency with the deposit, I asked for a copy of receipts/accounts of transactions throughout my short time as tenant.

5. The landlord refused to provide these, and demanded payment, claiming I was wasting time and evading payment.

6. I asked for a list of receipts/transactions (dates, figures, brief explanation) on ten separate occasions in writing over the space of around a month, explaining that I now needed to be certain that the figure claimed was properly substantiated.

7. I made a token payment (gesture of good will) which represented 25% of the amount being demanded. I assured that I was not evading payment and committed to full payment of an agreed figure within seven days.

8. The landlord point blank ignored my request for receipts and provided just a partial scan of part of a utility bill, attempting to explain the deposit discrepency.

9. The landlord has now levelled an allegation of 'fraud' at me, and has contacted both my current landlord and my employer, demanding payment through them and making vague threats. I know this only because they have told me.

 

 

I believe I have acted in good faith, and have demonstrated willingness to pay what is fairly owed via commitments to timeframes and payments demonstrating good will. I do not feel that asking for a record of receipts, especially in light of the discrepency with the deposit, is being unreasonable. I do feel that dragging in third parties including my current landlord and employer (and god knows who else he's contacted without telling me) is unreasonable on his part. He previously threatened court action but appears to be trying to strong arm his way through extortion.

 

So... what can I do? I can't reverse the contact he's made, and am working with both employer and landlord to repair that damage, but I won't be bullied and feel strongly that I am within my rights to withhold payment until at least I'm sent a few receipts and can establish what may precisely be owing.

Share this post


Link to post
Share on other sites

Hi, Do you have a copy of the tenancy agreement?

 

The LLs actions in contacting your new LL and your employer in this manner is imo defamatory, and should be challenged.

If you are able and willing to follow through with it a letter before action may be the way forward, you list what the LL has done, said or written, and what you have

done to mitigate his claims, give him 7 days to come to an amicable agreement if he fails take him to court.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites

LL has contravened the Data protection Act if he discussed it with your current LL and other people.

Share this post


Link to post
Share on other sites

Thanks, yes I have a copy of the tenancy agreement, and a copy of all emails sent/received. The LL has quoted back at me an email I wrote before the deposit discrepency came up, saying he agrees with my figures at that time, and that it's proof I accept and am liable for the payment.

 

The problem is, that email was written before the deposit was returned and the discrepency occured. That discrepency and the way it was handled caused me to have concerns about the figure owing, and all I've done is ask for a copy of the receipts/dates so I can contrast with my own records and agree a figure, whereupon I'll pay it. The LL seems to think this is totally unreasonable, even after I've paid part of the monies to him!

 

Anyway, I have yet to see precisely what's been said to either the employer/landlord but if it alleges I have committed fraud or deception, I will certainly pursue that. What would I claim for though? Would it be reasonable to seek damaged equal to the funds being demanded of me?

Share this post


Link to post
Share on other sites

Hi

 

Have to agree with Brig that this could be defamatory him contacting your new Landlord and employer as this is a civil matter and nothing to do with landlord or employer and could also be a breach of the Data Protection Act (DPA) as well.

 

Was the deposit protected at all? - If it was then why has the landlord not disputed this through the relevant scheme before deposit returned.

 

Of course you are entitled to see reciepts/invoices otherwise they could put any imaginary figure and say you got to pay.

 

I would do as suggested by Brig


How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Share this post


Link to post
Share on other sites
LL has contravened the Data protection Act if he discussed it with your current LL and other people.

 

That was my understanding as well, and I waned LL of this, however he claims to have discussed it with the Information Commissioner's Office and has been advised that the DPA doesn't apply in this scenario because he is a "private citizen unbound by the DPA". I'm unsure how true that is.

Share this post


Link to post
Share on other sites

Defamation, embarasment, there are breaches of the DPA but that's a separate matter.

 

The LBA I think is probably the only way to pull this person into line.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites

Hi

 

What you were informed by the idiot landlord about the information commisioners offices advice is incorrect.

 

He was not acting as a Private Citizen but as your ex landlord when he contacted your new landlord and employer so I am afraid he is incorrect.

 

The main thing is to get these supposed cost sorted please do as Brig suggested and send a LBA.


How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Share this post


Link to post
Share on other sites

You might also want to have a word with "Shelter" - they have a dedicated department that deals with problems of all kinds in respect of Rented properties.

 

I agree with the others, you are most certainly entitled to see copies of the bills that he is expecting you to pay.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

Thanks, I certainly will. I'll need to hold off on doing that until I've seen precisely what he's written to my employer/current LL, then I'll do that.

 

It would be really helpful if I could know precisely what law etc. he's broken (in addition to DPA). What law do you quote when suing for defemation, for example?

 

The letter before action would essentially given seven days notice that unless a full set of receipts etc. are received from the LL, I will take it to court and sue for the figure the LL is claiming (i.e. settle the matter that way). Does that sound reasonable? Frankly, I'd like to ask for further damages given the embarassment this is causing me. Things at home and work will now be particularly strained and awkward. Do you think I should name a figure? Or leave it to the discretion of the court?

Share this post


Link to post
Share on other sites
That was my understanding as well, and I waned LL of this, however he claims to have discussed it with the Information Commissioner's Office and has been advised that the DPA doesn't apply in this scenario because he is a "private citizen unbound by the DPA". I'm unsure how true that is.

 

Highly unlikely he discussed it first with ICO and is chancing his arm hoping you won't pursue that angle. If you do, the LL will probably come very unstuck and may end up owing you a lot of money!

Share this post


Link to post
Share on other sites
you are most certainly entitled to see copies of the bills that he is expecting you to pay.

 

He provided a partial bill but not a complete copy showing total funds payable etc. - I'm also asking for all receipts for rent received and monies taken from my deposit. I think that's reasonable to expect before any final payment, don't you?

Share this post


Link to post
Share on other sites

You really don't need to qoute ''laws'' the evidence is there, you have been for one thing of FRAUD which is clearly defamatory and if he has said this to otheres or written the accusation it is slander/libel.

 

The ICO view he may attempt to put forward would be that your''tenancy agreement'' was just an agreement made privately and not a business matter.

Yes you are entitled to a full and detailed of any alleged ''expenses'' bills etc he claims are your responsibility.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites

Hi

 

Just something to consider as the ex landlord is playing games so to speak is since they are a Private Landlord most but not all Local Authorities require them to be registered now, so you could check with the private landlord section of the Local Authority that they are registered with them if they are required to.


How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Share this post


Link to post
Share on other sites

Good idea stu!!!


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites

Thanks for the replies. This is so helpful.

 

Presumably the court would want to know what I actually 'want' by suing for defamation. Do you think a financial sum akin to the amount currently being unreasonably demanded along with unspecified damages for embarrassment and stress is reasonable?

Share this post


Link to post
Share on other sites

First of all you need to establish if any damage has been done to your reputation.. so a copy of any communication with your employer and new landlord is a must.

 

Concentrate on getting all your ducks in a row before taking potshots.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

A defamamtion action is not a cheap option, you need to see a specialist solicitor if you intend taking this action.


If I have been of any help, please click on my star and let me know, thank you.

Share this post


Link to post
Share on other sites

I agree with CB don't jump too far ahead at this point.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites
A defamamtion action is not a cheap option, you need to see a specialist solicitor if you intend taking this action.

 

No where near that yet AB, this is for the LBA first then action can be properly considered.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites

I understand that a lba is necessary procedurally but if defamation has occurred I don't see how an lba can redress this. Even if the LL complies by providing paperwork that allows for a figure owing to be established, the damage is done. Should the lba also ask for a written apology?

Share this post


Link to post
Share on other sites

I would be "demanding" a written apology, yes :)


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

I am with CB and AB...

 

There is an obvious defence available to the LL just from the information the OP has provided (which indicates the LL is likely to also be able to provide some proof). Including any form of claim for damages for defamation in a county court claim is going to ensure the entire claim is transferred to the high court and expose the OP to additional (massive) costs from the outset for his own fees, let alone if (when) he loses and ends up having to pay the LL's costs also.

 

It sounds like the OP and the LL are in dispute over an amount that probably doesn't come to more than a few hundred pounds (if that), and therefore the best way forward is to simply stick to the easy (and cheap) part - letter requesting details of the information (and a copy to be kept by the OP as proof if the LL goes to court). It won't be an LBA, because the OP doesn't have a claim to put before the court (I think the defamatory claim is spurious!) - it would be the LL's claim for payment, at which point the OP can put in his defence.

Share this post


Link to post
Share on other sites
I understand that a lba is necessary procedurally but if defamation has occurred I don't see how an lba can redress this. Even if the LL complies by providing paperwork that allows for a figure owing to be established, the damage is done. Should the lba also ask for a written apology?

 

Yes the idea is to get the LL to admit he is wrong and to settle without the need for litigation.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites

Reading #1

 

OP stayed for only 3 months on an AST before vacating.

 

Was this by virtue of an assignment for remaider of fixed term ie 3 months. If not & we assume a monthly periodic T was granted from D1, did OP provided required written valid NTQ to leave when he did?

Also if rent was due monthly in advance, why did OP say he would pay for his last period of occupation at the end of the cal month rent became due?

LL is not obliged to provide receipts for completed work, only reasonable ESTIMATE of cost, based on commercial rates.

 

Slander, liable & defamation are seperate issues, not covered by LL&T legislation. I doubt DPA would be engaged as LL is not a Public Body or associated business. I doubt LL is even registered as a Data Controller (sep issue).

 

If deposit was protected, OP can request DPS ADR adjudication or if not, SCC for alleged damage costs

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...