I’m on the brink?

I’m on the brink?

17:13 PM, 1st January 2020, About 2 years ago 18

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Hello Everybody, I’m new here so excuse any errors. I ran into some financial difficulties and decided to let my flat out (6 months tenancy) to a couple who deceived me by their lies. I admit I am a bit gullible and new to this. They moved into the Essex flat and now telling all kinds of stories why the rent is 3 weeks late now.

The man is a Landscaper and his wife is an Estate Agent. I would have thought that her being an estate agent, she would know better than to default on rent, but it seems like she’s using her knowledge to play the system. I would like to serve a section 8, grounds 8,10,11 and maybe also 2 & 12, but I’m not to sure how this works.

They are currently 3 weeks late and I have to wait until Jan 12 before it becomes 2 months in arrears. They have failed to answer/return calls and text and late on email response, so I called her at work to ask about the 1st rent payment. She obviously didn’t want to talk and said that it could be classed as harassment.

I got refs from employer and ex landlord, bank statements etc and I admit I made the mistake of helping out someone I thought I was genuinely helping. I am financially stretched and wanted to know if it is possible to serve a section 8 myself and represent myself if this end in court?

Any extra advice on this would be much appreciated as I’m on the brink.

Jay



Comments

by Rob Thomas

11:22 AM, 4th January 2020, About 2 years ago

Hi Jay

Sorry to hear about your situation.

I'd be interested to know what other landlords think but I have used the threat of going to the tenant's employer to encourage them to pay, and indeed when necessary I have gone to their employer to point out that their employee is in breach of a legal agreement they have signed (which doesn't look good for them).

It sounds like she is keen for you not to bring her employer into this as she works for an estate agent - I would argue that suggests you have leverage here, so inform her that if she doesn't deal with the situation within a certain time you are going to her employer.

by Gary Nock

11:36 AM, 4th January 2020, About 2 years ago

Reply to the comment left by Rob Thomas at 04/01/2020 - 11:22
Please be very careful in relation to going to the tenants employer. In fact I would advise against it. This would breach the GDPR regulations in relation to data disclosure, unless they have consented to it, and also this may result in an harassment allegation.

by Jaye

9:56 AM, 5th January 2020, About 2 years ago

Reply to the comment left by Rob Thomas at 04/01/2020 - 11:22
Thanks, Rob for your suggestion. I thought about that but Gary clarified what I was going to say about GDPR regs.

It's sad to know that an estate agent in central London, whose job is to make sure tenants pay their rent is the one that is actually abusing the system with her knowledge. I struggle to find the legality of this especially as they haven't paid any rent from day one. I'm sure this is a serial rouge tenant that needs to be brought to justice... but How?

by Rob Thomas

20:11 PM, 6th January 2020, About 2 years ago

Reply to the comment left by Gary Nock at 04/01/2020 - 11:36
Thanks for your reply. As I'm not a lawyer can you tell me what part of the GDPR rules would prevent a landlord going to a tenant's employer?

by Rob Thomas

11:04 AM, 7th January 2020, About 2 years ago

Reply to the comment left by Gary Nock at 06/01/2020 - 22:10
Hi Gary

Thanks for sending this. I've taken a look at the links you sent and the offence is to disclose information without the consent of the 'information controller' (which in this case would be the landlord assuming there was no letting agent involved). This does not say it is an offence to disclose personal information without the consent of the information subject (i.e. the tenant themselves).

It is also worth remembering that GDPR only applies to electronically held personal information. If you only keep paper records GDPR will not apply at all.

by Rob Crawford

16:29 PM, 8th January 2020, About 2 years ago

Does the Estate Agency also manage Lettings? You could wind them up and then pull out because you are aware that one of their staff is in rent arrears with you!

by Jaye

11:45 AM, 9th January 2020, About 2 years ago

Reply to the comment left by Rob Crawford at 08/01/2020 - 16:29
Hi Rob, Yes. They manage lettings. Wow, Didn't think of that - would they take a job against their staff? Would this be against the GDPR laws? Their estate agent is based in central london and the flat is in essex, kent.

Also I just realised I have to serve a section 48. Is this something i can send by email or post?


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