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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience:  Over 5 years in practice
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I moved out of a rented property in June . The landlord received

Customer Question

I moved out of a rented property in June . The landlord received £30,000 rent in 10 months. We ended up having to do a crossover on a different property and hence I paid the last 2 payments 10 days late each time but they were all paid and I kept the agency totally informed who were relatively relaxed as I had £4500 on deposit with them. At the point I was 10 days late with the first payment I went out, came back and found the landlord had been in the property, the only way I knew was the girl who works for me was at the house. After I had paid that payment the landlord then proceeded to email every one of my referees in person including the house we were moving to and personal referees and business contacts (luckily we had already signed and paid at that point) that we were unreliable , gave them details of our late payment etc. Up to that point every £3000 a month payment had been paid on the day! The main thing is the landlord is a very well known "lawyer" and a Sir etc and I think this is why he would think I would take it no further. I just put it down to experience but today find he told the council that we didnt move out in full till 2 weeks after we actually did and hence they are trying to charge me 2 extra weeks council tax. I have referred them to the agency who did the inventory and can confirm moving out date, but want to know if there is any action I can take for 1 entering the house 2 confidentiality/data protection (as it was highly embarrasing ).
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What did he say in this email that was not true?
Customer: replied 1 year ago.

In his words (as I kept the email) They defaulted without any notice or warning on the rental payment due on 11 May and then again on the rental payment due on 11 June; some of such outstanding rent was then paid late but they have vacated the premises and moved to Bristol before the end of the tenancy term without paying the full amount due.

This was not true, the agency I paid the rent to were fully kept informed of when we were paying and had contact with him as well and at the point we moved to Bristol, we had a payment due to him of £3000 and the agency held £4500. That £3000 payment was actually made well before the final date of the tenancy as well and did not have to be deducted from the deposit.

Expert:  Jo C. replied 1 year ago.
But surely you were in default?
Customer: replied 1 year ago.

Yes, but the other point I forgot to say is that he wasnt the actual named landlord either, his wife was. Therefore he entered the house with keys and wasnt the named landlord and from his email address, he divulged personal information whilst not being the named landlord.

Although I was in default technically, at the point he sent the email out I only owed £1000 with £4500 on deposit, so I feel this was rather a spurious claim and we had already moved out, this was just the remainder due from the point we moved out till the final date of the tenancy.(2 weeks on) The agents themselves felt it was making rather a big deal out of this and implied we had just done a runner, which wasnt the case.

Expert:  Jo C. replied 1 year ago.
I am really sorry but I am afraid you are going to struggle to take action over this.
He isn't bound by the data protection legislation. He is not a data controller within the meaning of that act. He isn't therefore bound by a duty of confidentiality and anyway is perfectly free to tell these people something that may affect them.
Further, although there may be technical errors with what he said, the bulk of the complaint is that you were in default which is true.
In terms of entering the property, it is not really clear why he did that here. He is entitled to reasonable access although he should give you no less than 48 hours notice unless it is an emergency. Either way though, you wouldn't normally be able to take action on a first occasion. The remedy is to refuse access. It is an act of trespass if his visit does not come within reasonable access. The loss in one act of trespass is very difficult to quantify and probably a court would say there is none.
Landlords can be liable in harassment and that gives rise to stand alone distress but one incident is not sufficient.
I am very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks Jo

I didnt want to put good money after bad, personally I feel it was well over the top having paid so much money, as did the agency who collected the rent. The house was left immaculate and I gave them exact dates I would pay on, which I did. there was no reason to enter, thats what annoyed me and he gave no notice.this was a property at the high end in oxford and i havent experienced anything like this before, you live and learn

thanks for your help.

Expert:  Jo C. replied 1 year ago.
You can always complain.
You don't need a cause of action in law to make a complaint to the agents.
It was over the top on his part. It just doesn't actually amount to a civil tort.

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