Disabled Military Veteran, being intimidated by neighbour

[stu007]

Hi

Just popping in to see how this is going

[nick7602]

Hi Stu

The doctors letter took ages to get typed, its now done and will be at the agents and the Landlords tomorrow if not already, The SAR will also land tomorrow by Registered Mail

The wife and I were discussing what the Agent has stated and the Landlord has agreed to in a recent mail:

The agent has stated: "that the landlord has agreed we can leave the tenancy early, but we are still liable for the rent and costs until a new tenant is found" this cant be correct, the Agents statement above is for tenants without a break clause in their agreements, and we have a break clause, the law states that I cant leave my tenancy early if I don't have a break clause in my tenancy agreement but I do.

The landlord has agreed for me leaving the tenancy early, because of my situation

A break clause is a tenancy agreement clause that allows either the tenant or landlord, to end the tenancy agreement during the fixed term.Break clauses can offer both landlords and tenants flexibility to exit a tenancy early, perhaps because of sudden changes of circumstance.

 

Still getting harassed from the neighbour, and now it appears that it might just be that the agent is discriminating against me, after telling me that the Landlord likes to remain impartial with her tenants, this isnt the case where the abusive neighbour is concerned.....I have been told to not contact the Landlord under any circumstances.......why because Im mentally ill, I'm guessing utterly disgraceful

[stu007]

Hi

I totally understand you mentioning that Break Clause again as you have previously mentioned it.

The question is when you asked the Landlord/Letting Agent to be released early from your tenancy did you do this mentioning the Break Cause contained within your Tenancy Agreement?

If you did not mention this at the time of your request to be released early from your Tenancy Agreement to the Landlord/Letting Agent specifically that Break Clause them you have not actually asked to use that Break Clause.

This is why the Landlord/Letting Agent have agreed to release you early from your Tenancy Agreement with the stipulation that you will be responsible for the Rent until a New Tenant is in place which the Landlord/Letting Agent can do even down to advertising cost for a New Tenant. 

As for the Letting Agent stipulating that you are not to contact the Landlord Direct but must go through the Letting Agent well the Landlord has employed the Letting Agent to ack on their behalf so the Letting Agent is actually doing nothing wrong in stating that to you and with what has been happening I would listen to the Letting Agents advice and to only go via the Letting Agent.

Can you post up the full wording in your Tenancy Agreement of that specific Break Clause?

Have you contacted RBL and SSAFA?

 

 

[nick7602]

Hi Stu

Here is the specific wording for the break clause:

The tenancy is a twenty four month assured shorthold tenancy agreement with a break clause at 12 months, this means that the tenant can give one month’s notice (on the anniversary date of the agreement) in order to vacate the property at the end of the initial twelve months.

The Landlord can give two months’ notice if he wishes the tenant to vacate at the end of the initial twelve-month period if neither party gives notice at this stage the tenancy will continue for the full two year (twenty Four Month) period.

here is also a copy of the communication sent to me from the agent:

You might not realise, but you signed a 2 year tenancy agreement ( please see attached) with a break clause at 12 months. It states on Page 14 that if neither party ( tenant or Landlord ) give notice for the break clause to come into force, it them continues for the full 24 months.

 However, I have spoken to Brenda and she is prepared to release you form the tenancy from the date that new tenants move in. If we start marketing it straight away, we might find tenants to match your moving date, but I can’t guarantee.

 I think it is very fair of Brenda to release you from the full 24 month contract, but I need to advise you that you will be responsible for the rent and cost of utilities until a new tenant moves in. This means that you will need to let the property be ready for viewings .

 Please let me know your thoughts and we can start marketing the property.

 

Thanks Stu, hope this helps

 

Nick

 

 

 

 

[nick7602]

Hi Stu

 

Out of the blue this afternoon, the agent sent us an Email stating that after speaking with the Landlord, the Landlord has agreed to release us from the tenancy agreement with immediate effect, providing we return the keys and replace the oil we have used for the heating, it has also been confirmed that their is no monetary obligations either, we have to confirm when we will be leaving the property because we have only just paid the rent, we are looking at the 15th to 17th of January

this decision came about after sending the doctors letter backed up with the SAR, it also came to our attention after speaking with a legal advisor that the landlord has to make adjustments to the tenancy agreements in certain circumstances, and I think mine was one of those circumstances

Hopefully I can finally move on from this disaster of a tenancy

Merry Christmas and a Happy New Year to all who have read my journey todate, and especially to you Stu for your unwavering support mate, I cant thank you enough brother.

 

Nick

 

Edited December 19, 2023 by nick7602

[stu007]

Hi Nick

That is good news but make sure you notify them that you agree to this stating exactly what they have confirmed to you and the your moving out date and if they could confirm to you this is acceptable. (note: make sure to get the Oil for the Heating topped up and get an invoice/receipt for it and send a copy to the Letting Agent to prove you have done this when you move out)

 

On a different note just for reference your post#29 with the Break Clause and what the Letting Agent then stated about it.

The Letting Agent is actually correct in what they have stated due to to the wording of that Break Clause as to use it you must have initiated the Break Clause at the 12 month period only otherwise the tenancy runs for the full 2 years.

[nick7602]

Happy New Year Stu, hope you had a great christmas.

The Landlord has agreed to let us out of the tenancy agreement with out any financial penalty.

I have a question about benefits, I get the higher award for PIP, and UC, to get new accommodation my son has agreed to move back in with my wife and I, due to an earlier bankruptcy which I declared because of my mental illness and could no longer work, do you know what benefits I will lose, all persons are named on the new tenancy agreement, thanks Stu

 

 

Kind Regards

 

Nick

 

 

 

[stu007]

Hi nick

As the question you are asking now is to do with Benefits it is best that you ask that question in our Benefits and HMRC area of the Forum as you will get better answers to your question there.

Here is a link to that CAG area for you:

https://www.consumeractiongroup.co.uk/forum/111-benefits-and-hmrc/

Have you been Discharged from Bankruptcy yet?

Applying to become bankrupt: When bankruptcy ends - GOV.UK

WWW.GOV.UK

---

How to apply for bankruptcy: how long it lasts, bankruptcy restrictions, what happens to your home and assets when you're bankrupt.

 

 

Turn2Us also have a Benefits Calculator:

Turn2us Benefits Calculator

BENEFITS-CALCULATOR.TURN2US.ORG.UK

---

Use the Turn2us Benefits Calculator to find out which welfare benefits you may be entitled to.

 

[nick7602]

Hi Stu

Made Bankrupt in 2020 now discharged, but it still impacting on me sadly atleast for another two years anyway

 

[stu007]

Hi

If the Bankruptcy is affecting your Credit Score with Credit Reference Agencies they don't tend to up date this when you are Discharged from Bankruptcy so you may need to contact them to update their records but they may ask for either a

Confirmation Letter or

Certificate of Discharge

Note: how to get those above are in the Government link in post#33 read Proof of Discharge

[nick7602]

Good evening Stu

I just wanted to ask you, what can I do if the agent and the Landlord do not return the SAR?

 

 

Br

Nick 

 

[dx100uk]

inform the ICO once they fail the 30days.

then if that does not work - you can get them to court

its a legal requirement to reply within 30days.

dx

 

[nick7602]

Cheers DX, I did wonder, the Landlord and the agent are almost at the 30 day limit

 

Thanks again

 

Nick

 

 

[stu007]

Hi

As dx100UK has stated but I must ask have they actually acknowledged receipt of your SAR? if they have the time limit of 30 days run from them acknowledging receipt if they then fail to give you what your SAR asks then off to ICO to make a Formal Complaint.

Data protection and personal information complaints tool

ICO.ORG.UK

---

Find out what to do next if you’ve had a problem accessing your personal information from an organisation, or if you’re unhappy about how an organisation has handled yours or other people's information. You should...

 

[nick7602]

Hi Stu and DX

the SAR was sent on the 16th of December, I sent the SAR by Special Delivery and Registered, looking at the SAR again, "I think I should have stated as of the above date" I stated the following in my letter:

Finally, I should remind you that you have a duty to make clear the meaning of any codes or

shorthand which you use in relation to mine and my family’s personal data.

If I do not hear from you then I will assume that this Statutory Request is satisfactory and that

the one-month timescale has started.

If you fail to comply with all of your obligations, I will make an immediate complaint to the

Information Commissioner about your statutory breach – and without any further notice to you.

This may also lead to legal action in the County Court and a judgement will then be forwarded to

the relevant authority.

 

 

KInd Regards

 

Nick

 

 

 

 

[nick7602]

Hi Stu,

this mornings post brought, a return to sender from the Landlord of the SAR, Landlord refuses to furnish the information?......I still have not heard from her agent.

As we know the Landlord is using the neighbour as a vetting person for all tenants coming to this property, it was the Landlord who has given away our personal details to the neighbour along with the Agent.

 

 

Br Nick

 

 

 

[stu007]

Hi

I understand you sent the SAR to both Landlord and Letting Agent now the but:

The Landlord has Employed the Services of the Letting Agent to act on the Landlords behalf that is why the Landlord has returned this as the Letting Agent should be dealing with the SAR.

Where the Landlord is wrong is just returning this return to sender that Landlord should have wrote to you and explained this so the Landlord not doing so is putting themselves in not complying with a SAR.

Has the Letting Agency Acknowledged your SAR Request yet from when you sent it?

If they fail to comply after the set 30 Calendar Days then off to ICO to make a Formal Complaint to them.

Data protection and personal information complaints tool

ICO.ORG.UK

---

Find out what to do next if you’ve had a problem accessing your personal information from an organisation, or if you’re unhappy about how an organisation has handled yours or other people's information. You should...

 

[nick7602]

Hi Stu

As I expected the Agent hasn't responded either to the SAR, I looked on the ICO webpage and it states that I should chase them up even after a month?

I found it quite hurtful to listen to the Landlord and the neighbour laughing about us moving, I could heat them through the security camera.

I am happy to say I am currently moving home the next few days, I haven't chased the agent yet.

Kind Regards

Nick

[stu007]

Hi

Hope the move goes well for you and look after yourself.

As for the SAR if you chase then give them only and extra 7 days otherwise off to ICO with Complaint of Failure to respond to SAR.

Also with the Letting Agent have a wee look at there website and see if they are members of other registered bodies and if they are look them up and what there Code of Conduct is  and report the Letting Agent to them about there actions and Failure to respond to a SAR.

 

[nick7602]

Hi Stu

The agent has sent back a partial SAR but the landlord has not sent anything back.

I have it in writing that we were allowed to leave the tenancy without any monetary obligations to the Landlord or the Agent, however the agent wants us to pay for the carpet cleaning and provide a receipt or invoice for that, even though the carpets were not cleaned when we started the tenancy and we were never furnished an invoice to show that they had been.

No landlord or Agent were present at the so called book out of the property, we just handed the keys back.

 

Kind Regards

 

Nick

 

[stu007]

Hi

The Landlord won't send a SAR as that is what they are employing the services of the Letting Agent for so the Letting Agent should have complied with your SAR Request in FULL.

If the Letting Agent has only partially complied with the SAR then you need to write and inform them they have on partially replied to your SAR Request and your reason and if they do not fully comply with your SAR Request you will make a Formal Complaint to the ICO about there failure to comply with a SAR.

Yes you have it in writing that we were allowed to leave the tenancy without any monetary obligations to the Landlord or the Agent but that is for not have any rent, marketing of the property until new tenant in place etc. not for your actually moving out and then letting agent inspecting the property damages etc that need sorted out.

Is it just the Carpet Cleaning only they picked up and nothing else? (bear in mind they should know you have moved out and handed them the keys back so how the hell are you going to get back into the property even if you hire someone to clean the carpets and get the invoice they want)

I would ring around to see if you can get 3 different quotes of someone that could do they carpet cleaning and provide an invoice (bear in mind you would need to speak to the letting agent to get access to the property).

The above way would be easier than letting the Letting Agent choose someone at an extortionate cost for them to them take that off your tenancy deposit before its returned to yourself or you could dispute it as the carpets were not cleaned on moving into the property but if you dispute this via the tenancy deposit scheme without proof this wasn't done on your moving into the property they would probably win and it would be deducted from your deposit and the rest returned to you.

You did pay a Tenancy Deposit??? and if so was it protected in a Tenancy Deposit Scheme and you were as legally required given a copy of the Prescribed Terms of that specific Tenancy Deposit Scheme?

I think what you need to bear in mind is yes you have had a very bad experience with this Landlord and Letting Agent but they could have made it a lot worse and not let you out of the Tenancy without serious financial costs but they let you out of the tenancy without those financial costs.

IMO it's a small cost to get the carpets cleaned and get and invoice to prove it to give them to just get rid of them totally otherwise if you paid a Tenancy Deposit it's fighting it via the tenancy deposit scheme.