Landlord emptied property

[mmfhater]

Statement to police has now been done 

 

Complaint has been made to the ICO as I done a sar request and they have refused and are saying in the terms it says you have to pay £75 + vat to get a copy of tenancy agreement and deposit ect 

 

[45002]

On 29/05/2019 at 15:59, mmfhater said:

Statement to police has now been done 

 

Complaint has been made to the ICO as I done a sar request and they have refused and are saying in the terms it says you have to pay £75 + vat to get a copy of tenancy agreement and deposit ect 

 

Have a read of this about subject access request 

 

https://www.consumeractiongroup.co.uk/topic/332398-full-subject-access-request-under-the-new-gdpr-2018-regime/

 

I dont think they can ask for 75 pounds ?

 

[stu007]

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-of-access/

[ericsbrother]

dont forget, this is NOT your business/problem unless your brother has signed a permission for you to act on his behalf in this matter from the outset. Without that you will hit a brick wall

SAR is free UNLESS they can show that the data or format it is in means they have to go to unacceptable expense to provide it and even then a charge of say £25 for supplying hours of audio on a DVD would raise eyebrows with the ICO, let alone £90 for 2 sheets of paper.

[mmfhater]

Yes I have full written permission from my brother to deal with anything to do with the flat and his personal property 

 

[ericsbrother]

so complain to ICO that they havent complied with the law on SAR and that thye are demanding monies that are unwarranted and excessive

[mmfhater]

On 06/06/2019 at 17:48, ericsbrother said:

so complain to ICO that they havent complied with the law on SAR and that thye are demanding monies that are unwarranted and excessive

 

 

I got this email from the ICO today 

 

The further documentation you have sent in to case reference IC-#####-#### is now being considered as a concern under the above reference: RFA######  This will be assigned to one of our casework teams before being allocated to a case officer who will respond in due course.

 

 

[stu007]

Hi mmf

 

At least the ICO has now responded so lets see what happens from there end on this.

 

Have the Police or the Registered Body you complained to given you an update at all?

 

This link may be of interest (it breaks down the EU GDPR by Article/Section):

http://www.privacy-regulation.eu/en/index.htm

 

[mmfhater]

I'm waiting for an update from the police and have asked twice 

 

But now it gets better 

LA got a man and van to deliver the stereo stuff without giving me a time or date so my 72 year old mother had to carry the stuff indoors and there are speakers worth approx £200  missing thay were in a picture the LA put on rightmove so another theft has been reported and the LA wont reply to my email asking who the man and van was 

 

[ericsbrother]

If you sent a LBA before this I would just go straight to a court claim. LA cant blame the man with a van, they were in charge of the goods and they arranged the shifting so they are responsible for the safe delivery of said stuff.

If you didnt give them a LBA then you send one now, stating  briefly what has happened and what you want as a remedy ( ie La emptied property without express authority and items then put into storage were lost) the value of the missing goods is £200 so you expect the LA to pay that amount within 14 days or civil action will be taken to recover the monies and any subsequent costs without further warning.

[Esio Trot]

I think most commentators on this topic have missed the key point here.

 

The OP is talking about the letting agent. The key term here is AGENT, which is a powerful term in law. It means that the owner is completely and undeniably answerable to the actions of his agent. The agent is in effect the de facto landlord. Your tenancy agreement will reveal all: whose name appears as the lessor (landlord). If it is the owner, that is the person against whom action is taken; if the agents name appears, then he has sub-let the premises from the landlord, and then it is the agent who will be sued.

If the owner is named as landlord, it is up to him or her to sue the agent for wrongdoing as a counter claim against yours to the owner.

Edited June 21, 2019 by Esio Trot
Typo

[Ethel Street]

30 minutes ago, Esio Trot said:

 

 

The OP is talking about the letting agent. The key term here is AGENT, which is a powerful term in law. It means that the owner is completely and undeniably answerable to the actions of his agent. 

 

 

Sorry but that is not an accurate statement of the law about agents, and is particularly misleading in the context of this thread. A Landlord is responsible for the acts of their agent when the agent is acting within the scope of their agency agreement, including when the agent acts tortiously, eg the agent acted negligently  But the Landlord is not liable if the agent is acting outside their agency authority.  It it is unlikely that a court would find that theft committed by an agent was something done within their agency authority. 

 

BTW a Letting Agent or Estate Agent might not be an agent in law. That would have to be established. It would depend whether they had the power to commit the landlord to the tenancy agreement. They are only an agent in law if they have authority to bind the principal contractually without express permission. 

[mmfhater]

Update 

Ico and tpos are both useless Martin quinn has said to them that the signature on the tenancy agreement is diffrent and neither have asked for proof 

The police have not given me an update on the supposed burglary or speakers that went missing that the man n van was meant to deliver  even after asking 9 times so now I'm trying to put pressure on them to tell me why they wont 

 

I'm also going to try and get him under the Protection from Eviction Act 1977 as what he has done is a criminal offence

[45002]

3 hours ago, mmfhater said:

Update 

Ico and tpos are both useless Martin quinn has said to them that the signature on the tenancy agreement is diffrent and neither have asked for proof 

The police have not given me an update on the supposed burglary or speakers that went missing that the man n van was meant to deliver  even after asking 9 times so now I'm trying to put pressure on them to tell me why they wont 

 

I'm also going to try and get him under the Protection from Eviction Act 1977 as what he has done is a criminal offence

 

Criminal action under 1977 act would have to be brought by Local council assuming this is in E&W, under Part III, Supplemental Provisions, 6 Prosecution of offences 1977 act.

 

If not Sue for them damages as posted on 14/05/2019  post #3

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Edited September 20, 2019 by 45002