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Help needed- problem with letting agent. Deflamation of character

Hello All,

Please can you help, my wife and I have just taken the plunge to downsize and cut costs etc during this recession.

Having applied to the letting agent for a property with all relevant application details and supplied references, we were notified that we had been accepted for the property and due to move in next week!!

HOWEVER last night we receievd a phone call from the letting agent to say that they had received a "phone call" from an anonymous source saying to look into detail about my wifes previous 3 years residentil details. The letting agent have refused to disclosue who has contatced them and what they have said fully.

After a sleepless night, we contatced the letting agent again this morning only to be told that infact the telephone call was actually a "hand delivered letter". The leter is unsigned. On speaking to the letting agent they are refusing to say what the content of the letter says.

Can anyone help on the following 4 points:

1 How did anyone know we were applying for the property as we compleated the application on Tuesday. Is this a breach of data protection?

2 Are we entitled to see a copy of this letter as the information refers to my wife.

3 Can I ask the police to investigate this mater to find out who is responsible for this attack on my wifes character.

4 Is this defamation of character and if so what can I do about it??

This is now not about renting the property, its about finding out who has done this and stopping it before anymore damage is done.. I find it so hard that anyone can be so vindictive and evil.

Any advice/ sugesstions is greatly apreachiated.

If you need any other information, please let me know.

Thanks
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Comments

  • silvercar
    silvercar Posts: 48,133 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    1 How did anyone know we were applying for the property as we compleated the application on Tuesday. Is this a breach of data protection?

    Who knows. The information could have come from friends, work colleagues, your current landlord, anyone in fact.
    2 Are we entitled to see a copy of this letter as the information refers to my wife.

    If the letting agent is holding it you could do a data request I think. Would cost £10 and take upto 28 days.
    3 Can I ask the police to investigate this mater to find out who is responsible for this attack on my wifes character.

    Is it an attack on your wife's character? How do you know that. I doubt the police would waste time tracking down the indentity of an anonymous note writer. Remember that nothing defamatory has been said if it just suggests checking out previous addresses. A letting agent should be checking previous addresses anyway, so it isn't actually adding anything.
    4 Is this defamation of character and if so what can I do about it??

    Do you know what was written or not? If it just said check previous addresses, I don't see how that is defamatory. Without knowing what was said, remember that to be defamatory what was written actually has to be false.

    If the LA is doing a proper job it would check addresses anyway, so an anonymous piece of paper reminding the LA to do its job is not an offence.

    To
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  • vanpiggy
    vanpiggy Posts: 69 Forumite
    I maybe being a bit naive, but why should your wife's residential history affect your application to rent a property? I don't see why it should have any bearing on this application?
  • princessamy86
    princessamy86 Posts: 4,889 Forumite
    What a strange thing for someone to do! How are the letting agents treating it? If someone put that through our office door I would treat as a bit of an odd thing from a weirdo, and I would just let you have it. Certainly wouldn't affect any decisions I would make. Has your wife annoyed anyone recently?
    Scar tissue that I wish you saw, sarcastic mister know it all, close your eyes and I'll kiss you cause with the birds I'll share this lonely view.
  • theartfullodger
    theartfullodger Posts: 15,146 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Is there something your wife hasn't told you??

    Cheers!

    Lodger
  • chickmug
    chickmug Posts: 3,279 Forumite
    What a strange thing for someone to do! How are the letting agents treating it? If someone put that through our office door I would treat as a bit of an odd thing from a weirdo, and I would just let you have it. Certainly wouldn't affect any decisions I would make. Has your wife annoyed anyone recently?

    May be another agent. I often felt like doing this to exact revenge on the serious timewasters I came across:D
    A retired senior partner, in own agency, with 40 years experience in property sales & new build. In latter part of career specialising in commercial - mostly business sales.
  • princessamy86
    princessamy86 Posts: 4,889 Forumite
    Haha, well it could be but it just seems really odd! Almost in the same ballpark as the guy who tried to put a property otm he didn't own, then put a live frog through our letterbox the day after I had told him nicely that we couldn't help him.
    Scar tissue that I wish you saw, sarcastic mister know it all, close your eyes and I'll kiss you cause with the birds I'll share this lonely view.
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    This is just bizarre. It's one thing for them to consider the letter's contents, it's another to keep them secret and not even discuss whatever is troubling them.

    Have they just refused you outright? Have you offered to open up your entire history to them to get the problem resolved? Have you contacted the LL direct to point out you want to rent but the agent is stonewalling and won't tell you why? (use land registry to get address and write to them)

    Also, do you have ANY clue what it could be on about? You don't seem to mention if there have ever been problems in the past...

    Might just be an excuse to stop you renting that property.

    If the letter exists, the agents have certainly not done anything wrong. If there is any libel, it's the writer of the letter who has perpetrated it.
  • Geenie
    Geenie Posts: 1,213 Forumite
    This is very strange, but you do mention supplying the LA with references! Do you think it may have been one of these saying something but not wanting to put their name to it?! It is difficult to say much on this without knowing what was said and why it is a problem. Were there run ins with neighbours at previous places, or not abiding by the rental agreement, payments ? It must be someone who has either been contacted by the LA, or knows you are using them to find a new place and has an axe to grind.

    Sometimes we have to take our blinkers off and be honest about what has happened in the past. I would suggest you and your partner sit down and think back about the last 3 years and what could have caused this letter to be sent.....were there unpaid bills, false claims, damage etc?! You don't say if you were living with your partner during this time at previous places.

    You need to very clear about everything before proceeding, so that you have facts to back up anything you want to say, as defamation is serious and can get messy and very expensive if allowed to run out of hand.

    Good luck OP and keep us informed on how you get on.


    "Life is difficult. Life is a series of problems. What makes life difficult is that the process of confronting and solving problems is a painful one." M Scott Peck. The Road Less Travelled.
  • Geenie wrote: »
    This is very strange, but you do mention supplying the LA with references! Do you think it may have been one of these saying something but not wanting to put their name to it?! It is difficult to say much on this without knowing what was said and why it is a problem. Were there run ins with neighbours at previous places, or not abiding by the rental agreement, payments ? It must be someone who has either been contacted by the LA, or knows you are using them to find a new place and has an axe to grind.

    Sometimes we have to take our blinkers off and be honest about what has happened in the past. I would suggest you and your partner sit down and think back about the last 3 years and what could have caused this letter to be sent.....were there unpaid bills, false claims, damage etc?! You don't say if you were living with your partner during this time at previous places.

    You need to very clear about everything before proceeding, so that you have facts to back up anything you want to say, as defamation is serious and can get messy and very expensive if allowed to run out of hand.

    Good luck OP and keep us informed on how you get on.
    Hi All,

    Thanks for your reply's they are very appreciated.

    Reference to a few of the points:-

    I was living with my wife over this period of time, the last 3 years, the first property that we rented together was a Lodge dating back to 1850, great house but the windows would fall out if you put the heating on!!! and the heating decided not to work on Xmas Eve! we had a flood due to the broken guttering, the house was owned by an Estate, upon contacting for each of these issues we would get an elderly retired guy arrive and try to resolve after no heating for 3 months! and more windows departing, we decided to terminate our tenancy after 6 months, we paid 12 months’ rent in advance of £13,500 and also a deposit of £12,000, while we were at the property we had fencing put up and also kept the 7.5 acres in check, when we left this property it seems that "Environmental Health" started investigations, as they had received several complaints about the "Estates" handling of their property's. (After thinking about this landlord, both my wife and I do not believe that the "Estate" would have the time to write a letter, or even have any reason, as they returned out excess rent and deposit in full.)

    After this we moved to another rental property, we paid our rent 12 months in advance, as we decided that this way we could save every penny to buy our own home, after 10 months my wife's father took ill and we decided to end our tenancy and move in with the in-laws to take care of them, when we notified the landlord that we were going to end our tenancy he said that as we had paid 12 months in advance that he would not return the excess rent, the house was checked by the Agent and the Landlord and both agreed everything was acceptable and the Agent confirmed that we would receive our deposit within 2 weeks, but the landlord refused to return the over payment of rent of £1,900, we decided that this was not an issue we had more important things on our mind like my father in laws health.

    6 weeks after the "Check Out" with agent and Landlord no deposit, so I made contact with the Agent and Landlord, the Landlord said "I have had time to think, and I will not be returning the deposit, as I will have to replace lounge carpet and clean oven etc....."

    After alot of correspondence it turned out that the Landlord had not placed our deposit with the TDS, he had it and all receipts provided were without VAT Numbers and the contact details for workmen/company's were nonexistent.....

    The TDS were a great help and after confirming in writing to the Agent & Landlord that there is a fine for not lodging the deposit with the TDS. Surprise! Surprise! deposit lodged the day after they received my letter, we stayed strong with the advice and support of the TDS, so lucky we had loads of family photo's due to Birthdays/Xmas etc so could prove our home was in excellent condition. After 4 months we received our deposit back in full, it seems that the Landlord had never returned any of his tenant’s deposits.

    We left the area and live over 150 miles away for the past 18 months, we are only looking to return due to work commitments, that is why this is so strange no one apart from the "New Agent" was aware of our plans.

    We have never not paid any of our household bills, as I am a Financial Adviser by trade, reference to anyone who dislikes my wife; find it hard to understand as before we moved away she was a very active supporting member of the community.

    We decided that if someone could be this nasty, then what else could they do, we have decided that it is not an area that we would like to return to, so sad that someone could gain pleasure at upsetting someone this much.

    We have yet another issue, the New Agent is refusing to return the £150 deposit and also the £155 for credit checks, I can understand the Credit check fee as these have been carried out, but the deposit????

    My wife has disclosed all information to the Agent reference previous addresses and also other supporting information not requested, P60's etc + an additional reference from another letting agent dating back 5 years!! As prior to this she had her own house.

    So it looks like that not only has someone, upset my wife enough to change our plans now the letting agent is keeping £305!!

    Thanks everyone again.
  • Hatster
    Hatster Posts: 97 Forumite
    Could you take them to the small claims courts for the deposit money back? I've had friends who have done this and they say it's very simple and straight-forward.
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