Disabled Military Veteran, being intimidated by neighbour

[nick7602]

I live in rented accommodation, 

I have informed my Landlord and estate agent,

however recent events have shown that the agent and Landlord are very very friendly with my neighbour accepting gifts from the neighbour,

I suffer with mental health issues, namely PTSD, my Neighbour knows I have PTSD, and is wilfully intimidating me, and I don't know what to do,

I have kept a time line of events along with security camera footage of incidents and intimidating behaviour and informed the police, none of my family including me understand the reason for the intimidation

the result of all this intimidation has made feel out of control,

I have attended my GP and explained what is going on and she was furious and asked me to seek advice

but it seems like I am now fighting the Agent and the Landlord along with the Neighbour who incidentally is an Alcoholic 

Please help

 

[nick7602]

Can anyone help?

[honeybee13]

Hi, I'm sorry you were missed.

I'll flag your thread for site team member @stu007 who should be able to help. He's often here late on, so please bear with us until he's able to get here.

HB

[nick7602]

thank you

 

[nick7602]

Hi Honeybee

Not sure what is happening, I haven't heard from anyone ?

[nick7602]

We have new, information, the landlord and the agent have told the neighbour behind our backs our previous two addresses, and that they intend to serve notice on me in August to terminate my tenancy agreement for no reason at all, other than the word of a drunken alcoholic neighbour.

 

Please please please can I have some help guys

[dx100uk]

and how do you know this is true?

dx

 

[nick7602]

 Hi DX......because my security camera has a voice recording function as well as video when it is activated

 

Edited November 21, 2023 by nick7602

[stu007]

Hi nick

Sorry to hear of your issues with this neighbour.

What type of Tenancy Agreement do you have and when did it start?

Can you give us a brief summary of the incidents and when they happened?

Where is your property and this neighbour property? (i.e. are you next door neighbour's, are you in flats with this neighbour either above or below you)

What advice if any did the Police give you when you reported the issues to them?

Have you let your Local Councils Anti Social Behaviour Team know about these issues? if not contact them and report this.

Have you had a chat with Veterans Gateway or The Royal British Legion if not give them a call and let them know of your issues.

As you are keeping a log of all the incidents please keep doing this and on each occasion make sure and report it to Landlord/Estate Agent, Local Council Anti Social Behavior Team and Police and for every incident report to all 3 each time and log it.

This will not be a quick fix I am afraid so ensure to keep a good paper trail of every incident and who reported it to and when.

Now a word of Caution with your cameras especially since you mention you caught the landlord discussion with that neighbour your previous addresses and intends to serve notice. If you have video and voice recording of this neighbour's property it will be classed as you are recording outside your property bounderies but that would depend on the property layout.

 

Advice and support for veterans & ex-forces | Veterans' Gateway

WWW.VETERANSGATEWAY.ORG.UK

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The Veterans' Gateway service is the first point of contact for the welfare needs of veterans and their families.

 

Royal British Legion | Armed Forces Charity

WWW.BRITISHLEGION.ORG.UK

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The Legion is here to help members of the Royal Navy, British Army, Royal Air Force, veterans and their families. And we’re not going anywhere.

 

Incident Diary Log - Copy.pdf

[nick7602]

Hi Stu

 

My agreement is an assured short hold tenancy, for two years, with a break and review after one year, the review happened in October 2023.

Tenancy started really well, I decided to be as friendly as I could with the neighbour and used to wash her car for her, this was good for me to as it gave me something to focus on and helps with the anxiety side of my CPTSD, about January the neighbour verbally attacked couple at the end of the drive for using our drive, the verbal attack was vicious I had to intervene, and tried to pull the neighbour away un successfully 

June time the neighbour came out on the drive, whilst I was chatting to my son, about a car is boss had lent him for the weekend, we were told in no uncertain terms that our tenancy would be terminated, in October but it wasn’t, the whole family including my wife had this incredible vicious argument with the neighbour, who wanted to know about our contract etc, which we didn’t tell her, so bad was the argument and the intimidation, such things like each time I go out of my home the neighbour comes out, moving of her car to make it difficult for the family to use the shared drive, she has sworn at me, and she has said loads of vile things, the result is that this whole scenario has made me seek medical help from my GP who was furious.

its gotten so bad that the whole thing has made me feel desperate, yes I am that low, to keep injuring my brain in this manner cannot be right…….which is why I asked for help mate….but it is getting way to much for me to cope with  

Property is in the Wyre Forest Kidderminster Area, and Wyre Forest is the council, I live in a private rented bungalow, and each bungalow is set back so you cannot see each other’s front door.

Police advised to keep a timeline, and we have a police incident number.

I have not informed the councils anti-social behaviour team, but I will do, nor have I contacted the British Legion or Vets Gateway

Log and films are kept in order and in folders with time stamps, as it has shown through conversation that the estate agent and the landlord along with the neighbour are working together, do you feel it is wise to share this information to them?

it appears to me that the Landlord is using the neighbour as a vetting tool to gather information about her tenants, why else would you keep such an obnoxious neighbour in that property, she has already had the previous tenants thrown out of this bungalow, although the neighbour is an alcoholic, she alleges she used to be a solicitor in America. 

Thanks for the heads up about the camera, the neighbour and I have a large, shared drive, and the discussion took place at the end of it

[stu007]

Hi nick

Something I forgot to mention in my previous post that will be useful information for you with any Private Renting is most Landlords are now required to be Registered with the relevant Local Council (which will more than likely be there Private Renting Dept)

With your Shared Driveway if she is doing what you are stating even if it is making it difficult for you to park by taking up more space than normal don't approach them photograph it and then complaint to your Landlord/Letting Agent.

This neighbour is wanting you to react so please please don't fall for it as that is what they are trying to do to make them look the party that is being affected by you. I know it's hard to not react but just walk away and log the incident and report to all 3 that I previously mentioned especially the police since you have an incident number all you nee to do is inform them of that number and report the new incident.

Also that neighbour stating they were a Solicitor in America so what this is the UK and were they really or just saying that as a scare tactic by using the word Solicitor just ignore that as anyone could stand in front of you and state that but would you believe it.

As this is affecting your Medical Condition I know you have went to your GP and they were furious (I hope not at you for going to them and if that is the case then you need to make a Formal Complaint to the Practice Manager of that Doctors Surgery)

The GP may not understand your Medical Condition but is what has happened above is correct and with your CPTSD and how your are feeling and sounds from your post that you have family as you mentioned your Son please look at those links I provided you and Contact the Veterans Gateway and The Royal British Legion.

The Veterans Gateway can point you to different organisation to help and it is someone from the forces you will be chatting with i.e. ex services

The most important thing at the moment is that you need to look after your health and wellbeing

 

 

[nick7602]

Hi Stu

Thank you for the info about the Landlord being registered with the local council private renting dept.

I have photographed and shared my information and incident timeline with the Agent and the Landlord, however as I think I have previously mentioned the Landlord, the agent, along with the neighbour are working together, I’m pretty sure of this now.

The recent meeting with the neighbour and the landlord which they thought I couldn’t hear at the end of the drive, the eviction date was mentioned by the Landlord to the neighbour after the neighbour asked, the Landlord also went on to ask the neighbour “ has the Agent been in contact with you”?....to which the neighbour replied yes, all regarding the same issue. I thought it was illegal to use a third party to apply pressure to another tenant on behalf of the Landlord and Agent which results in the complainant terminating their tenancy early?

I understand and am fully aware the pressure they are applying to me and my family through the neighbours’ actions, and like you say I just walk away and log the incident, I’m in the process of transferring all the timeline data to the incident log which you kindly sent me.

The neighbour stating to me about being a Solicitor in America, I to actually thought well how would that work here in the UK, she also went on to state that she has family members who are involved with monitoring the dark web, she was I think inferring that she can get hold of sensitive data, now that did make me smile.

The GP was furious with the actions of the neighbour and asked me to seek advice, I was also referred for therapy again, the GP has a poster stating they are Mil friendly regarding mental health issues, I will contact Veterans Gateway and the British Legion, I have used SSAFA in they were quite good

I did contact one well known mil charity when this first started, the one I was actually referred to by the GP, the chap on the other end made me feel like I was wasting their time when I explained my state of mind and situation, its tearing the family apart really, we came to this location to have peace and quiet, and to walk my dog and not bother anyone and try and attempt recovery…. The constant threat of losing my home is destroying me……..Im just so sick of it mate……sorry

[stu007]

Hi nick

You have absolutely nothing to be sorry for especially what you are dealing with at present.

As for the Landlord discussing with this neighbour your personal information especially an eviction date about you is a Breach of the Data Protection Act (DPA) and General Data Protection Regulations (GDPR). (I am sure the Local Council Private Renting Dept which the Landlord
will be Registered with would not be happy if they were informed of the Landlords actions)

Make a Formal Complaint to the Letting Agent giving the exact date/time/discussion with the neighbour the Landlord had that you fully heard and
the action amount to a Data Protection Breach as the Landlord had no right to be discussing your personal information with this neighbour which is
a Breach of the Data Protection Act and you require to know why the Landlord was discussing your personal information with this neighbour.      (wait and see what response you get and let us know also wont look to good if the try the eviction route with a judge knowing they were discussing your personal info with another party)

Next make a Subject Access Request (SAR) to the Letting Agent asking for 'ALL DATA' that simple phrase covers whatever format they hold that data in whether it be email, recorded calls, written etc.

They then have 30 Calendar Days to respond and that time limit only starts once they acknowledge receipt of your SAR Request.

The reason I say to send the above SAR Request is you want to get all that information to see what exactly is going on since your tenancy started to date and if the fail to comply with the SAR Request then you report them to the Information Comissioner's Office (ICO)

If you paid a Deposit is it protected in a Tenancy Deposit Scheme and you have been given a copy of that schemes Prescribed Terms as legally required?

If in England have you been given a Copy of the How to Rent Booklet another legal requirement:

How to rent - GOV.UK

WWW.GOV.UK

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This guide is for people who are looking for a house or flat to rent.

 

[nick7602]

Hi Stu

Thank you for your kind words and understanding, to many people don’t understand or want to understand really.

I have already put together an SAR from a document on your website so its just waiting to be sent, I really appreciate your advice and comments and the excellent advise mate.

Today we went to view another property which we quite liked, the reason for viewing is as you can imagine based on recent events with the agent, land lord and neighbour, since we took out our tenancy last year we have had to suffer a very damp property and black mould which has destroyed a lot of my mine and my wife’s clothes, we have an electronic humidity gauge in my wifes room which is showing 71% moisture, we constantly have chest infections and colds.

We furnished all the information to the Landlord last year and the agent plus a damp mould expert came out and assessed the property, the report from the expert was quite damning and made recommendations which as you can imagine is expensive to fix, however the Landlord and the agent have only completed the cheapest and, a small portion of the repairs, which I believe is a breach of contract as the property is not being properly maintained in accordance with the signed contract.

We are considering just walking away from this property citing breach of contract, and the damage and illness plus intimidation we are and have experienced to date?

Just prior going out today we have now found the ceiling in two bedrooms soaking wet.

Thank you Stu for all your very kind help and all the guys and gals on your great website, the help is outstanding

Edited November 25, 2023 by nick7602

[stu007]

Hi nick

No need to say thanks that's what we are here for is to help others but thank you for your kind words.

Now with the Damp/Mould and that it was inspected by an expert and the report mare numerous recommendations and the Landlord only completed the cheapest option but ignored the rest and the issues still remain within the property.

Your option on the above you may not be aware of is to inform two departments within your Local Council of the Damp/Mould issues is Private Renting Dept but importantly the Environmental Health Dept. (is they come out for an inspection and I only say could as they can enforce the Landlord to rectify issues)

My serious air of caution on you thinking of just walking away from your present property is as follows:

1. If you paid a Tenancy Deposit you may lose that.

2. If you do not end your Tenancy Agreement as per the notice period contained within your Tenancy the Landlord will class it as a Breach of Tenancy and and by this Landlords action so far they will more than likely go after your for that Breach via the Courts to obtain a CCJ against you for unpaid rent until they have a new tenant in place, advertising fees, legal fees.

If you move without giving an address they will use your present property address in which if the Landlord did and did do the above and got the Court CCJ you may be unaware of it so you really need to be very careful in deciding to just walk away as it's just not that easy with a Tenancy Agreement in place unless you can come to some mutual arrangement with the Landlord.

My advice would be to try and come to some sort of arrangement with your Landlord

 

This is a link to CAG Private Renting Pinned Topics: (have a good look especially post#4 have different checklists for download)

 

This is the Government link on Private Renting again with be useful so have a good read:

Private renting: Your rights and responsibilities - GOV.UK

WWW.GOV.UK

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Private renting as a tenant - repairs, rent increases and arrears, settling disputes, deposits and your rights and responsibilities.

 

Just for info CAG does have and Armed Forces area link is here:

https://www.consumeractiongroup.co.uk/forum/287-armed-forces-military-families-and-veterans/

 

Also within that area this is the link to Veterans/HM Forces Discount Cards:

 

You could also contact Combat Stress and have a wee chat with them:

Get Help - Info 2 | Combat Stress

COMBATSTRESS.ORG.UK

 

I fully appreciate where you are coming from especially with your medical condition as it is hard but as I mentioned contact the Veterans Gateway and the Royal British Legion.

Served 18yrs myself and was Medical Discharged due to a serious back injury due to service and my own GP knows how stubborn I am as I just refuse help don't need it typical squaddie just get on with it that all changed one time I saw my GP in so much pain I collapsed and passed out in his office.

The GP well he was ex services and went through me basically gave me a right bollocking  (I had for 3yrs been refusing to get a wheelchair and to be put onto morphine which hospital consultants advised due to my back condition). That day is when it all changed for me and I basically held my hands up and yup I need the help ok doc you win will do whatever is needed and since if I need help I just ask.

You look after yourself now and you know where we are if you need anymore help 

[nick7602]

Hi Stu

Thank you for all of this mate, words don't seem sufficient to really do they for all your kind help, can I make a donation in some way as a way of saying thank you?

18 years blimey you nearly got to the 20, cousin joined the Navy became a tiff on Nuclear Subs, day one he signed up for 20 years, me I joined at 17, did 7 years one year boys service, 6 reg

I was always taught that from day one of my service, to look after my mates, to use an often used term Band of Brothers, I had lost alot of my belief in that feeling in the current climate, I though was the only one who still had that belief you have restored my faith Stu......Serioulsy

Im taking it your a Scot?........have agreat St Andrews Day

 

Nick

 

[stu007]

Hi nick

Yup am Scottish and served as a Tankie, I joined at 16yrs old training was 1 1/2 yrs so if included that was 20 yrs but Officially18yrs.

Yes when I joined it was always look after your mates you are all one team no matter what regiment/unit/branch of service.

If you want to Donate to CAG just look below in my signature you will see a Donate Button just click on it.

As I previously said you look after yourself and family and you know where we are if you need any further help on this matter or any other matter

[nick7602]

Hi Stu

further developments, as you know we have a 24month assured tenancy.

I visited the GP this monday, and the mental health practitioner onTuesday who again confirmed what I already knew about my CPTSD.

the GP has agreed to write to the Landlord and Agent, prior to this we let the agent know that the GP would be writing to them and the Landlord, mentioning the decline in my mental health, and that our position in regards to the property wasn't tenable.

The Agent has come back and stated that the Landlord has agreed to release us from the tenancy from the date the new tenants move in, we have also been advised that we will be responsible for the rent and the cost of the utilities until a new tenant moves in

The agent and Landlord are making this statement without viewing the GPs letter, which will be sent Friday 08.12.2023

I have withheld sending the SAR request to the Agent and Landlord, because I wanted to see their response and prior communication history to date, it will be interesting to see their communication to each other regarding this latest development

Where do we stand Stu?......can the Agent and Landlord injure me further?....because staying here is injuring me and poses a significant health risk to us all really

 

Kind Regards

 

Nick 

 

[stu007]

Hi nick

It's good that your GP is doing that letter even through the Landlord and Letting Agent haven't seen the letter yet I am afraid as this is Private Renting as you have a Signed Agreement although they have agreed to release you from the tenancy from the date new tenants move in and that you will be responsible for rent and utilities until new tenant moves in is sadly mostly correct.

The reason I say mostly correct is for the following reasons:

1. You have a Signed Tenancy Agreement and the Landlord can keep you to it if no break clauses in that Agreement.

2. Yes the Landlord can demand rent payments up until a new tenant moves into the property.

3. As for Utilities only if you are still living in the property if you move out before a new tenant is in place and have properly notified the 
Landlord and they have agreed under that recent updated agreement until new tenant moves in then nop as you would notify all the different utilities
of your final meter readings (take photos of all) even council tax notify them. Now the slight difference may be if utilities were part of your rental 
agreement as included in your rent payment then yes you would have to pay the rent until new tenant moved in.

So can you clarify that you pay your own utilities i.e. Gas, Electricity, Water, Council Tax etc.

I think you need to have a chat with The Royal British Legion and even arrange for them to come out and have a wee chat with you about all this as they may be able to mediate with the Landlord/Agent. I am not saying they will nor it will change the Landlord/Agents stance by there is no harm in trying

[nick7602]

Hi Stu

We have a signed 24 month assured short-hold tenancy, with a break clause at 12 months, the first years break clause on the 17th of October, only a verbal agreement was given and we  have not received a second written agreement for the second year so just over 5 weeks into the second year now

The agent quoted from the rental agreement, however the landlord I believe is in breach of the contract, regarding harassment and and intimidation and abuse I have experienced, and a plethora of repair work which an expert witness for damp and mould  advised has not been done and ignored, I think contravenes the ( 2018 Fitness for Human habitation act) which covers the damage caused to my mental health so far

I do not see how they can hold me to a tenancy agreement and its terms when they have broken those terms, there by creating the breach.

I have also contacted environmental health today regarding the property, I am also considering stating that i can no longer pay my portion of the rent.

All I know is that I have got to get away from this property

 

Cheers Stu

Nick

[nick7602]

Hi Stu

I have just gone over a couple of old E Mails from the agent, and a statement was made to us about the landlord not living in the village, however she does, we were told she pops into the village from time to time, this was a lie

Had we have known the Landlord lived in the village we would never have moved here.

I think this comes under this?

Consumer Protection from Unfair Trading Regulations 2008 were amended by the Consumer Protections (Amendment) Regulations 2014 and provided private tenants whose tenancies began after 1st October 2014 with a remedy to unwind a contract in certain circumstances.

The idea is that landlords do not use unfair trading practices such as, giving misleading information, withholding necessary information; using coercion, harassment or undue influence or failing to follow accepted trading practices.

 

Kind Regards

 

Nick

[stu007]

Hi nick

You are referring to that regulation in the wrong context for your issue as you need to bear in mind that the email you refer to was from the Letting Agent only it was not from the Landlord although the Letting Agent is acting on behalf of the Landlord.

The Landlord can simply deny that they were aware of the Letting Agents action and were unaware that email was sent you as the Landlord will not get every single email that is sent to a Tenant as they employ a Letting Agent to do there Job for them so they only need to be contacted when need so to speak.

So the Landlord did not give you any miss leading information it was the Letting Agent with that email as I said the Landlord can deny any knowledge of knowing about that as in reality he may actually have been unaware that email was sent.

As for Breach of Contract you need to have actual evidence from other parties that this has happened to back up your case simply keeping a log will not work on it's own

As I have previously said about the mould issues it's good that you have reported this to the councils environmental health dept and get them to come out and do an inspection as they are the ones that can enforce action the landlord needs to take to resolve the issue and if not resolved they can take it a lot further with the landlord.

As for the 2018 Fitness for Human habitation act) that is why I stated to get the environmental Health Dept of the council involved which you have done as it is them that can enforce this if that is actually the case in there opinion.

As for the break clause it was in your agreement but the time limit passed for you to act on that break clause but have you actually asked the Landlord if you could use the break clause although that time limit has passed.

This is why i really think you need to speak to The Royal British Legion and ask them to come out an have a chat with you as they could try and mediate with your Landlord for you

I appreciate with your medical condition this is a difficult time for you but you need to take a breather from this and look at it with fresh eyes so to speak ask at present you are looking at this the wrong way and I fully understand you want out of that property and away from the situation as fast as possible which I can see where you are coming from at this difficult time.

Please Please contact The Royal British Legion as I feel you really need someone to help in the situation even to mediate with the Landlord/Letting Agent on your behalf.

 

 

 

[nick7602]

Hi Stu

The Letting agent Agent works on behalf of the Landlord because the Landlord wants nothing to do with the tenants just wants to take the money with no involvement contractually, this is told to all the landlords tenants, the comments made within the E Mail from the letting Agent were a deal breaker for us, and we would never have come to this accommodation

I have an independent neighbour who has witnessed the actions of the neighbour who is abusing me, I also have Video footage with vile language being used against me, the independent neighbour has also witnessed previous neighbours being intimidated and false allegations made against those tenants which also required police involvement.  

The mould issue is fully documented, with video footage Landlord viewed the destroyed clothing and goods, an expert witness came and filed a report to the Letting Agent, and myself indicating things that need to be done, which the Landlord would not agree to, the Landlord doesn’t care at all, because the Law really is on their side not the Tenants

Regarding the break clause, I haven’t mentioned it to the Landlord or Agent yet, though a recent communication from the Agent stipulates in her E Mail that the break clause has been missed

I will give the RBL a call and see if they can help me, is there anyone in particular I should contact or should I contact SSAFA?

 

Cheers Stu

Nick

[nick7602]

I thought I would post a paragraph from my Tenancy contract, I have never ever seen this in any tenancy contract I have held previously, which leads me to think that the Agent and the Landlord know this property is damp.

From my Tenancy Contract:

To take reasonable and prudent steps to adequately heat and ventilate the premises in order to help prevent condensation and where such condensation may occur to take care to promptly wipe down and clean surfaces as required from time to time to stop the build up of mould growth or damage to the premises or its fixture and fittings.

 

Edited December 9, 2023 by nick7602

[stu007]

Hi nick

I am fully aware that the Letting Agent is working on behalf of the Landlord but as I have stated the emails you mention the Landlord can
deny all knowledge of being aware of those emails unless they were copied into them which you will be unaware of. 

Yes contact both RBL & SSAFA 

Nop there is nothing unusual of that part from your Tenancy Agreement at all I have seen similar in Tenancy Agreements worded slightly differently but the same as not all Tenancy Agreements will be the same as the Landlord/Letting Agent can have there own with different clauses contained as to what they feel is appropriate to keep in line with legislation/Regulation and at the same time property the Landlords Property.