Hi, LawHounds, DPA Malicious Slander [Doctor Landlord]

[illegitimo]

My former landlord, fails to provide the prescribed information, refuses to return my deposit, and accuses me of not paying my bills [council tax water Electricity] in a defamatory email which he CC's to my current landlady. i now suspect that the section 21 notice and the visit from the shouting man with a club in the early hours was the result of my former Doctor landlord making false statements about me. Also, inexplicably, another landlord backed out of an agreement with no explanation immediately after i provided a reference.

The eMail advances a demonstrably false account demanding payment for council tax which I have paid direct to the council.

Can a landlord demand and accept payments for council tax? Surely my liability is based on my circumstances and I have a right to have my liability assessed and determined by the relevant council.

Desperate. Five babies, no arrears, bills paid, eviction looms, with no prospect of an alternative arrangement.


do i have case?

[Kati]

Re: Hi, LawHounds, DPA Malicious Slander [Doctor Landlord]

tagging [MENTION=87380]Diana M[/MENTION] xx

[nemesis45]

Re: Hi, LawHounds, DPA Malicious Slander [Doctor Landlord]

Hi, welcome to LB,
Have you spoken to the council in regard to the CT allegation and the water company about payments?

I would be wise I think to do so and get up to date certified statement of each account.

Also get in touch with the council housing department and take copies of all the documents, ,e-mails etc. with you they should be able to help you to deal with the " rogue" landlord.

nem

[Diana M]

Re: Hi, LawHounds, DPA Malicious Slander [Doctor Landlord]

My former landlord, fails to provide the prescribed information, refuses to return my deposit, and accuses me of not paying my bills [council tax water Electricity] in a defamatory email which he CC's to my current landlady. i now suspect that the section 21 notice and the visit from the shouting man with a club in the early hours was the result of my former Doctor landlord making false statements about me. Also, inexplicably, another landlord backed out of an agreement with no explanation immediately after i provided a reference.

The eMail advances a demonstrably false account demanding payment for council tax which I have paid direct to the council.

Can a landlord demand and accept payments for council tax? Surely my liability is based on my circumstances and I have a right to have my liability assessed and determined by the relevant council.

Desperate. Five babies, no arrears, bills paid, eviction looms, with no prospect of an alternative arrangement.

I would think keeping a roof over your and your kids' head is your first priority.

If you're current Landlord has served you a section 21 Notice that doesn't mean you'll be evicted immediately. If you choose not to move out on the date given on the notice then the Landlord will need to make a court application to seek possession of the property.

Even when that is granted the Landlord would still have to seek a Warrant for Eviction to send in the bailiffs. All this can take up to five months depending on which part of the country you live and the court's backlog for hearings.

Read about the process and your legal rights here > http://england.shelter.org.uk/get_ad...rivate_tenants

A section 21 Notice can be served when the tenancy agreement fixed term expires so presumably you've been in the property at least six months. The Landlord doesn't have to give you a reason for wanting to take back possession of the property, it is their legal right. However if the Notice isn't valid for some reason, or the deposit isn't protected etc, then the repossession should not go ahead.

It does sound as if your previous Landlord holds a grudge against you if you've experience hostile visits from a man with a club in the middle of the night which you suspect has something to do with him. Maybe you should have a word with your local police. Harassment is a criminal offence.

What was the reason you left your previous property? And why does that Landlord think he has the right to withhold your deposit?

The Council Tax issue is a separate question. A lot will depend on what was written in your tenancy agreement. Some say the Tenant is responsible for Council Tax and some say the Council Tax is included in the rent and the Landlord pays it.

However as you say it's the Occupier who is responsible and your dealings with the Local Authority are private, unless they've breached the DPA by disclosing information to a third party such as your previous Landlord.

Are or have you been in receipt of Housing Benefit (LHA)? And if so was/is the rent being paid direct to the Landlord?

Di

[Diana M]

Re: Hi, LawHounds, DPA Malicious Slander [Doctor Landlord]

get in touch with the council housing department and take copies of all the documents, ,e-mails etc. with you they should be able to help you to deal with the " rogue" landlord.

It appears from the OP's post that she is in private rented accommodation not social housing. Alas this means the Council can't help her deal with the issues surrounding her former Landlord.

Di

[Diana M]

Re: Hi, LawHounds, DPA Malicious Slander [Doctor Landlord]

My former landlord, fails to provide the prescribed information, refuses to return my deposit, and accuses me of not paying my bills [council tax water Electricity]

Some (most) tenancy agreements have a specific clause which says the Tenant must provide proof of payment of their utility bills (and council tax) when the tenancy ends. The clause may also say the Landlord is entitled to deduct any unpaid sums from the deposit.

Could this be why he is questioning your payment of these accounts and why he's withholding your deposit?

The issue can flag up when the next Tenant is asked by the utility company to pay more than they believe they owe.

Was there a Check-Out and Inventory done at the end of your tenancy? That should have included meter readings and (hopefully) photos of the meters as evidence.

Di

[Diana M]

Re: Hi, LawHounds, DPA Malicious Slander [Doctor Landlord]

My former landlord, fails to provide the prescribed information, refuses to return my deposits paid

Did your former Landlord fail to protect the deposit or only fail to provide you with the prescribed information?

How long ago was this since deposits may only be protected for up to three months after the end of the tenancy agreement?

That won't affect your legal right to take him to court for the return of your money, but it means that if the deposit was placed in a scheme then that scheme may no longer be able to deal with the dispute on your behalf.

Di

[illegitimo]

uPDaTe

tagging @Diana M xx

I informed my former landlords thusly:

reminded them of their obligations, concerning my data, as landlords, under legislation.

reminded them of their obligations, regarding deposit protection

Published the Latest guidance from the Information Commissioner on personal data, to them.

Sent them this paragraph:

I am in the process of taking legal advice about this and other matters, relating to my housing situation, and I shall be in touch with you about this, in due course. In the meantime, you should know that I do not, and have not given my permission for you to release or allow processing of any personal data that you hold about me.
The fact that it appears from correspondence that you have done this on an NHS email server, that carries specific warnings about this sort of activity, considering your professional capacity, is very worrying indeed.

As I said, I am in the process of taking legal advice and I invite you to comment.

Sent them a formal request for the return of my deposit, within seven days, failing that, advising them that court recovery would follow.

Times up tomorrow.

[illegitimo]

Re: Hi, LawHounds, DPA Malicious Slander [Doctor Landlord]

Hi, Diana

Sorry, Diana, I updated without refreshing the page.

Yes, indeed, i must be mindful of my absolute refugee status and the temporary nature of my residential rights, (as enacted in the housing act by our stewards), I wouldn't want to be seen as a negligent or as an inadequate parent. i must provide a much needed boost to property monopoly market by providing an income for a whole class of individuals exploiting the homelessness market. After all, we can't have housing choices for families who wish to have children..think of the market...

As regards to stalling the process, i feel that if acted in such a way I would lose any credibility that i have left as a tenant [to go along with my current permanent refugee status] where anyone is given the power to discriminate against me and clean me out. But, yes, I understand that i can force my landlord through the process, as a sort of consolation prize for having been ethnically cleansed..

I vacated my previous property voluntarily to take up a long term position here. it comes with two acres of agricultural land and use of a static caravan. It's a five bedroomed farmhouse, presumably built by someone who had built up a sufficient herd of animals to warrant it. Two months into my tenancy, after attempting to discourage daily unannounced visits from my landlord, I received harassment in the form of a section 21, but describing faults as reasons. It wasn't legally enforceable, and it kind of ruined it for me. i had a verbal agreement to keep pigs and to erect a workshop. i had been assured that it was available for ten years. I was misled. Or so I thought. However, it now seems that my previous landlord, despite having given me a good reference, has seen fit to publish data that he holds about me, to my current landlord. This is actually a criminal offense.

I made four payments to my landlord in respect of 240 a month council tax for six months. One of four hundred [approx] one of three [approx] and one of six and one of one hundred [approx]. The remaining four months i paid direct. i have never been presented with a bill for water despite requesting one. electric is in my name. rent £750, paid six months in advance and thereafter monthly. on the dot.

[illegitimo]

Re: Hi, LawHounds, DPA Malicious Slander [Doctor Landlord]

Thanks, nem. I paid the CT. In full. i have bank statements and emails. I was never presented with a water bill, by the landlord, despite requesting it. I did rehabilitate the septic when I moved in. It was chocca bloc. he promised to pay half before i contracted the work, but didn't mention that when i told him that i did it. Electricity is in my name.

[illegitimo]

Re: Hi, LawHounds, DPA Malicious Slander [Doctor Landlord]

It appears from the OP's post that she is in private rented accommodation not social housing. Alas this means the Council can't help her deal with the issues surrounding her former Landlord.

Di

Yeah. Actually, I also have a three bedroomed assured tenancy with a housing association, but its not big enough. I can't give it up because it's the only fall back that I have. But i can't live there because of overcrowding. The only way I can house my family in one house is if I get a five bedroom house. They are few and far between.

[illegitimo]

Re: Hi, LawHounds, DPA Malicious Slander [Doctor Landlord]

i agreed the tenancy in an email, paid a deposit followed by six months rent. in advance. so the tenancy was created then. I occupied and later he emailed me an agreement, which i signed as a sort of formality. i dispute the validity of this process, in his email acknowledging reciept of my deposit, the landlord states that the deposit is to secure the property for six months. surely he must therefore return it after six months.

in addition, he retained possession of the garage and is therefore legally liable for the council tax.

he has no new tenant since he has put the property on the market, having had objections to his planning application.

regarding inventory, he told me to discard whatever i had no use for

[illegitimo]

Re: Hi, LawHounds, DPA Malicious Slander [Doctor Landlord]

my landlord failed to inform me that my deposit was protected, and further failed to provide me with the prescribed information that would have permitted me to ascertain if this was in fact the case.

It was seven months ago, last august.

I'm filling out an N1 claim form at the moment for my deposit return and three months deposit as a penalty, value £3200 + including costs. Since he has failed to respond to my request for the return of my deposit.

I am the former tenant of the above property. My assured shorthold tenancy agreement is dated 16/10/2015.

On 10 October 2015 I paid you a deposit of £750 'to secure the rental ... for 6 months the rental costs being 750 pounds per calender month plus expenses including water, electricity and council tax.'

Since then:


1.I I suspect that you have not met the initial requirements of an authorised tenancy deposit protection scheme; and

1.II I have not been able to obtain confirmation from a scheme administrator that my deposit is being held in accordance with such a scheme; because

1.III I have not received the prescribed information which you are required by law to send me within 30 days of receiving my deposit.

In the circumstances, I am entitled to have my deposit refunded, and you are requested to attend to this within 7 days of the date of this Email.

If I do not hear from you within 7 days, with satisfactory evidence that you have complied with the obligations which the law imposes on you, I may begin legal proceedings to recover my deposit without further recourse to you. My claim will include a claim for any interest, costs and compensation to which I may be entitled.

The claimant is the former assured shorthold tenant of the property known as ... and the defendant is the landlord. The tenancy agreement was dated 16 October 2015 and a copy is attached to this claim form.

The claimant paid the defendant a deposit of £750 on 10/10/2015

The defendant has not confirmed to the claimant that the claimant’s deposit is protected.

The defendant did not give the claimant the information required by The Housing (Tenancy Deposits) (Prescribed Information) Order 2007. The landlord has not repaid the deposit and the claimant is not aware of any reason why the defendant should be able to keep the deposit.


The claimant applies under s214 Housing Act 2004 for an order that the defendant pay the claimant a sum of money equal to three times the amount of the deposit within 14 days from the date of the order.

[The claimant also claims fixed costs.]

[illegitimo]

UPDATE - Latest

Hi, welcome to LB,
Have you spoken to the council in regard to the CT allegation and the water company about payments?

I would be wise I think to do so and get up to date certified statement of each account.

Also get in touch with the council housing department and take copies of all the documents, ,e-mails etc. with you they should be able to help you to deal with the " rogue" landlord.

nem

Well, the upshot is this, he paid back my deposit, he paid half the cost of emptying the septic tank £75, he paid half the council tax for the first six months £600 + and a one hundred pound ex gratia payment. I made a small claim that he failed to protect my deposit, and I just accepted his offer of £1515 with £105 costs. He admitted the malicious communication but said it didn't matter because he sent it to the wrong email address and my landlady didn't receive it. I'm going SAR his NHS employer what other emails he sent concerning me that he shouldn't have.

[seduraed]

Re: Hi, LawHounds, DPA Malicious Slander [Doctor Landlord]

If he is a dOctober find out which professional body hex is a member of and see if they can bring him to heel.