Tenancy nightmare and now a data protection breech

Harve8

Hi Everyone

First time posting here, and it's probably going to be a long one. I have had a bit of a nightmare with my tenancy from the very beginning and I was wondering if anyone knew where I stood on coming out of my tenancy early?

I moved in to a property in July 2015, which when viewed we were assured it would be cleaned, in good repair and a new cooker in situ before I moved in. None of this was done and on day 1 we had to call the agents to have them come and carry out essential repairs and remove the previous tenants dirty underwear, used sanitary products and empty plantpots and broken UV lights from the loft (indeed). Since then, we have had several complaints regarding the property - damp, leaking roof, boiler breakdown, poor electrics which we have reported and reported and only some of them have been fixed - people haven't turned up after taking time off work, the agents were rude, unhelpful and argumentative...bla bla bla. Anyway, eventually the landlord (who seems fair and attentive) changed agents and got in touch with us himself.

So, putting the experience with the prevoius agents aside we spoke with the landlord who asked us about the outstanding repairs and gave us his emergency contact etc who we are in the process of arranging the repairs with. Reeds Rains are now the managing agents and responsble for collecting the rent - they contacted me immediately and told me to cancel my standing order to Rise, the previous agents and asked for my bank details to "set up a Direct Debit" - I gave them my details as they requested and when I got off the phone I called my bank and cancelled the standing order to my old agents. This happened around about 14/15th January and my rent is due on 21st. As they told me a Direct Debit was being set up, I didn't find it unusual that it hadn't come out of my bank yet - I work for a utilities company and set up Direct Debits so I'm familiar with the time frames, and the DD Guarantee etc. I assumed there would be an altnernative payment date for January to give the DD time to ber set up and it would be on 21st of the month going forward. WRONG. I received a (very polite) email from my landlord last night telling me that the rent was overdue and Reeds Rains had passed it to their "credit control department" - absolutely mortified I contacted him and explained that I have given my details to RR and I was awaiting the funds being debited, assuming it was just too late to set the DD up for 21st of the month. The LL told me not to worry, and he would sort it.

Being a worrier, I contacted RR this morning first thing and asked them what was happening. They told me that they had sent a "standing order mandate" in the post to me. Firstly, I haven't received a standing order mandate, or anything from them (apart from spam email) and secondly I was told a Direct Debit was being set up. Had I known that it was not a Direct Debit and that it was a standing order they were setting up, I would have just done it myself via internet banking or ringing my bank without the need for them to send a mandate to me etc. I was quite annoyed that they had given me incorrect information - taken my bank details telling me a DD was being set up, when it wasn't. However, I didn't challenge them I just let it lie. They said they would resend the information.

I have just checked my email, and they have indeed resent the information, but this time via email - they have copied my housemate (joint tenant) into the email and included my bank details. I am unhappy that they have disclosed my bank details - surely this is breech of data protection. The joint tenant and I share the house but we do not share a bank or anything like that. I pay the rent and he pays the other utilities. There is no need for him to have my bank details, and while I don't distrust him I am upset that they have been disclosed by RR without my consent. Where do I stand on this?

I'd be grateful if anyone could give me any advice on where I stand on the DP issue and also if the problems I am facing is sufficient to request the landlord allow me to come out of the tenancy early (I'm half way through a 6 month tenancy).

Thank you in advance!

Harve

Guest101

Inform them in the future to not share your bank details with the joint tenant.


I doubt they know what your relationship is.


It's not a massive breach.

theartfullodger

Instruct your bank to give you new account number:

Expecting a letting agent to understand how to behave is likely to result in disappointment. You can complain to ICO over DPA but I doubt it would be a good use of your time.

pmlindyloo

Your tenancy began in July 2015 but you are now halfway though a 6 month tenancy? Please explain what kind of tenancy agreement you have and whether you have a break clause if it is a one year tenancy.

What does your joint tenant think about your wanting to leave as this will affect them. Would he take over the tenancy? Could you find another tenant to take your place and pay for their references/credit checks etc so that you can break your tenancy agreement? These are all questions that you can ask your landlord.

As regards giving your bank details in an email to the joint tenant then write to the LA and tell them that you are unhappy and this must not happen again. Change your bank if you are afraid of repercussions - not sure I can think of any.

You have lived there since July 2015 and put up with all the problems. Now they seem to be getting sorted.

Why do you want to leave? If there is such a short time why not hang in there? It might take you a while to find somewhere else. You may have to give a month's notice to leave (tell us your tenancy agreement details so we can advise)

fairy_lights

I think you need to pick your battles. Yes, the agency have screwed up the direct debit issue and shouldn't have copied your flatmate in on the email with your bank details, but it was a fairly harmless mistake.
Just set up your own standing order and write a letter of complaint if it will make you feel better.

G_M

Cancel all direct debits, both via your bank and the agents, in writing.

Set up a Standing Order, under your control, for the rent.

Pay the arrears as a one-off payment.

Write to the LL, briefly, & politely, explaining what happened (bullet points NOT an essay), what you've done, and mentioning your concern about the personal data.

Copy to the agent.

Sorted.

Harve8

Thank you for your reply.

Sorry - I mistyped. I'm half way through a 12 month tenancy. I am work at the moment, but to my knowledge there is no break clause in my tenancy.

The joint tenant is as fed up with the hassle as I am and also wants to leave. My intention was to move in with my partner in July so if I came out of the tenancy I would move in there immediately (I have been living there since November anyway, because we have had no heating or hot water from November to January when a new boiler was eventually fitted).

I guess the latest muck up with the bank details might seem small but it feels like just the latest in a long line of muck ups - and especially disappointing as I thought with a new agent things would run smoother. Unfortunately, it just doesn't seem to be the case - incorrect info given re standing order/DD, no letter posted when they said they would, no contact details of emergency contacts, an inbox full of spam from them and giving my bank details to my housemate all within a fortnight of being the agent. On top of the previous problems, ongoing problems I'm just upset and exhausted with the situation

This is probably irrelevant, but I feel like we were bullied into a 12 month agreement. Initially we were to sign a 6 month tenancy but then days before we were due to sign the agents called us and said the LL wanted double the deposit or a 12 month tenancy agreement because I have a dog. I had been upfront about my dog from the beginning and it hadn't been a problem. So at that point I had days to either find a further £400, another house to rent (bearing in mind that my tenancy at the time expired in a few days) or sign a 12 month agreement. We have taken impeccable care of the property - my 12 yr old cavalier king charles spaniel that does nothing but eat and sleep has caused no damage and the house is cleaner and fresher by a mile than when we moved in. Again, I know this is probably irrelevant because regardless of the circumstances we did sign a 12 month agreement.

*sigh*

Pixie5740

You have a 12 month AST and nothing you describe means you have a right to end it early. You could try negotiating an early surrender with the landlord but he doesn't have to agree to it.

There's no law saying a rental property has to be clean when you move in and it sounds as though the repairs have been carried out.

From now until the end of the tenancy do as G_M suggests and pay your rent by SO and not DD. It's better for you and better for your landlord.

HappyMJ

Harve8 wrote: »

Thank you for your reply.

Sorry - I mistyped. I'm half way through a 12 month tenancy. I am work at the moment, but to my knowledge there is no break clause in my tenancy.

The joint tenant is as fed up with the hassle as I am and also wants to leave. My intention was to move in with my partner in July so if I came out of the tenancy I would move in there immediately (I have been living there since November anyway, because we have had no heating or hot water from November to January when a new boiler was eventually fitted).

I guess the latest muck up with the bank details might seem small but it feels like just the latest in a long line of muck ups - and especially disappointing as I thought with a new agent things would run smoother. Unfortunately, it just doesn't seem to be the case - incorrect info given re standing order/DD, no letter posted when they said they would, no contact details of emergency contacts, an inbox full of spam from them and giving my bank details to my housemate all within a fortnight of being the agent. On top of the previous problems, ongoing problems I'm just upset and exhausted with the situation

This is probably irrelevant, but I feel like we were bullied into a 12 month agreement. Initially we were to sign a 6 month tenancy but then days before we were due to sign the agents called us and said the LL wanted double the deposit or a 12 month tenancy agreement because I have a dog. I had been upfront about my dog from the beginning and it hadn't been a problem. So at that point I had days to either find a further £400, another house to rent (bearing in mind that my tenancy at the time expired in a few days) or sign a 12 month agreement. We have taken impeccable care of the property - my 12 yr old cavalier king charles spaniel that does nothing but eat and sleep has caused no damage and the house is cleaner and fresher by a mile than when we moved in. Again, I know this is probably irrelevant because regardless of the circumstances we did sign a 12 month agreement.

*sigh*

A break clause would require you to give a minimum of 2 months notice to exercise it anyway so you'll be there until at least the end of March anyway so you may as well put up with the miscommunication and get on with it.

When there was no hot water what did you do? It's a legal requirement that a property has heating and hot water. Did the landlord supply alternative heating and hot water for those 3 months the boiler was not working? I have a hot water cylinder in my property and if the boiler doesn't work all the tenant has to do is turn on the electric immersion heater to get hot water and for heating there is a gas fire in the lounge and electric heaters can be provided on request for other rooms. You could ask for your additional costs such as paying for alternative accommodation assuming you paid rent to your partner to live where you did for those 3 months to be reimbursed. If the landlord doesn't pay those costs then you can take the LL to court which might encourage the landlord to accept your offer to surrender the tenancy early.

Do you actually live in the property any more?

pmlindyloo

I can understand your frustration.

You say that your landlord is a decent person so the one thing I can suggest is that you write to him asking if you can surrender the tenancy. You would need to outline all the problems you have had (bullet points are best, include time without heating/hot water but keep it to the point) and ask if you can leave early (you and the joint tenant need to do this)

It goes without saying that if he agrees it must be done in writing

Of course you would need to give the landlord time to find new tenants so it would all be a case of negotiation regarding this.

The landlord can say no and if he does then without a break clause you are liable for rent until the end of your fixed term.

I am sure you realise that you should have contacted the landlord immediately all the problems occurred and followed Shelter's procedures for the repairs. It may now be too late.

Your contract is with the landlord, not the letting agent. It seems that as soon as you contacted the landlord things were put right and he changed the letting agent. I am sure he will be equally pleased that you let him know that the current LA is also less than professional.

You might want to add that you would be happy to allow prospective new tenants to view the property etc etc. If you can make it easy for him to get new tenants this may help.

Having said this, legally, without a break clause, you are stuck to the end of your contract. Negotiation is the key - good luck.

Harve8

Thanks again.

The landlord does seem like a nice guy. I've only spoken to him over the last week, but have previously had no dealings with him. We were advised by LA to contact them regarding maintenance/repairs/any problems which is what we did.

We reported all problems to the LA immediately, as and when they occurred. I understand the point someone made about the property doesn't have to be clean before we move in, but my point was that we were assured that it would be - rather naively perhaps, not in writing. The boiler problems started with us not being able to get hot water unless the heating was on - we reported this and said that we suspected something was up with thevalve as no HW without CH. They arranged for someone to come out immediately which was a good sign - he confirmed it was the valve, had a bit of a tinker about but didn't fix it and said he would report back to LA. LA got in touch and said that they will send report to LL and await response - no response after a week so we got in touch and they said not an emergency because we had HW. After another fortnight we contacted them and they said the LL wanted a second opinion as the first boiler guy said new boiler needed. I thought this was fair enough - he's gonna pay for a new boiler so he wants the best deal. Great. Another guy came out, played around with the boiler and got it so that we had HW without turning the CH on. Great, or so what thought. Only now we had no CH at all. Called LA to find out what now and they told us that the second guy had said replacement boiler not needed because he had fixed it. We had to wait another week for someone to come out to look at the boiler again - we're getting into the cold snap now, but we were told that it wasn't an emergency because we had a gas fire downstairs and I had borrowed an electric heater from my mum. He confirmed the boiler was knackered and the LL agreed to have this exchanged - this took weeks to be agreed, and I suspect it's just because the LA weren't contacting the LL when they said they would. We then hit Christmas where it was practically impossible for me to arrange time off work for me to await the boiler to be fitted - I had no holidays left because i had used the last of my entitlement on waiting in for various people to come out and tinker with the boiler only to make the problem worse. Eventually got the boiler replaced early Jan after an appointment between Christmas and New Year fell through because apparently it wasn't booked in properly.

Do I still live in the property? I have stayed there 4 nights between November and January. Most of my belongings are at my partners, and I go back to pick up post, ensure it's in good order and see to my housemates dog as he works long hours and doesn't drive. My house mate is living there full time. I still continue to pay my way, because I understand that I have an agreement with the LL and a moral obligation with my house mate (who is also a friend).

I suppose the fact that I hate the house, the area and the neighbours is all compounding the situation. I didn't know the area, and I've since discovered that I have moved in next door to a drug dealer - the house stinks of canabis most of the time the smell seeps through the walls of the terraced house, the police are in the street at least once a week, the neighbours brawl in the street and I just generally feel unsafe and uncomfortable there. Neither the fault of the LA or the LL at all, but I suppose all of this just makes the problems with the LA worse and has be grasping at straws to get out.

As the LL seems like a decent guy I think I will speak to him and ask him if he would start looking for another tenant now and if he finds one allow us to come out of the tenancy early. I could offer to pay for the vetting fees for him I guess.

It does make me feel better to write a strongly worded email to the LA, as petty as that may sound.