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?

[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

[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

[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

[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

[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

[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

 

[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 

 

[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

[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

[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

[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

[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

 

 

 

[nick7602]

Hi Stu

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

 

[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 

 

[nick7602]

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

 

Thanks again

 

Nick

 

 

[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

 

 

 

[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