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Old Apr 25th, 2016, 02:05 AM   11
AngelofTroy
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Originally Posted by JemmaLouise View Post
I am assuming this is for UK as we are talking councils and housing benefit.

First of all I strongly suggest you get a diary and record EVERY encouter with the landlord, there are strict rules on how and when they can contact you (I worked in lettings). Should he not correspond correctly or appropriately you can sue him for harassment.

My second bit of advice is to sit still in that property for now. What I will say may not appeal to you but if you don't have the money for a deposit here is a way forward (I've had to do this myself). You need to wait for the landlord to serve you a section 21 which gives you 2 months to vacate the property. Once you have this, although they have wronged you, take it down to the council homes department and they will list you as an urgent housing case or "homeless". You will be instructed on how to apply for homes in the district of your choosing.
This seems your best option. Also, if your neighbour is informing your landlord of everything and he knew your situation, are you sure he wasn't the one who informed your landlord?



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Old Apr 25th, 2016, 02:08 AM   12
Pearls18
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That isn't all that's happened, she may well be in breach of contract (I would be going over that contract with a fine tooth comb though especially as your circumstances changed, you didn't go in with HB am I right in saying??) DPA isn't there to protect "honest" people as it were, it's for all of us, it's been breached and the fact she was "caught" would have no bearing on anything- the council didn't have the right to fi what they did despite the fact it affected her contract (they wouldn't have known either way) it doesn't change the mistake made by the employee. She would be no less deserving of compensation than anyone else, I just don't know how compensation works for this, I just deal with legislation compliance, not consequences.



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Old Apr 25th, 2016, 02:26 AM   13
suzib76
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Originally Posted by Pearls18 View Post
That isn't all that's happened, she may well be in breach of contract (I would be going over that contract with a fine tooth comb though especially as your circumstances changed, you didn't go in with HB am I right in saying??) DPA isn't there to protect "honest" people as it were, it's for all of us, it's been breached and the fact she was "caught" would have no bearing on anything- the council didn't have the right to fi what they did despite the fact it affected her contract (they wouldn't have known either way) it doesn't change the mistake made by the employee. She would be no less deserving of compensation than anyone else, I just don't know how compensation works for this, I just deal with legislation compliance, not consequences.
i always thought compensation was something which would cover loss caused by another party, but it's the action of the OP which has caused the loss, not the breach, because had they disclosed the HB they would still be in the same position.

That's just my take though, doesn't mean it's in anyway right.



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Old Apr 25th, 2016, 04:06 AM   14
Pearls18
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No a breach is a breach, it was the council's responsibility to protect her data as that is what they are obliged to do with the legislation for no reason other than it is her right, their duty was to her not the landlord no matter the state of her rental contract.



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Old Apr 25th, 2016, 06:01 AM   15
suzib76
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I totally agree that the breach of data protection is wrong and a complaint is warranted but I don't agree it's a situation where compensation should be paid as the op has suffered no loss - or at least the loss they have is the same loss had they been the ones to tell the landlord about the HB, so they are in no worse position than had they themselves been honest



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Old Apr 25th, 2016, 06:08 AM   16
Pearls18
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Yeah I'm not sure how it works with public data controllers, I was paid 100 comp from Lloyds for a data breach that wasn't even involving my data, companies would rather appease people than have it taken to the ICO.



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Old Apr 25th, 2016, 06:15 AM   17
hanni
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You're probably best off speaking to a solicitor about it. And since you're on a low income you'll be entitled to financial aid so don't worry about the cost.
I'd consider having to move out of a house you don't want to a huge loss for you, not to mention the stress and inconvenience of moving.
Could you possibly talk to the landlord and arrange for the rent to be paid directly into his account to keep him sweet for now?



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Old Apr 25th, 2016, 06:27 AM   18
Pearls18
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Thing is you're in now, if you continue to pay your rent what's the big deal? I understand why landlords choose not to house DSS but if you've proved yourself a reliable tenant thus far it'll be a loss to him to have to find another paying tenant.



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Old Apr 25th, 2016, 07:23 AM   19
suzib76
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Originally Posted by Pearls18 View Post
Thing is you're in now, if you continue to pay your rent what's the big deal? I understand why landlords choose not to house DSS but if you've proved yourself a reliable tenant thus far it'll be a loss to him to have to find another paying tenant.
I also agree 100% with this



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Old Apr 25th, 2016, 07:53 AM   20
JemmaLouise
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Originally Posted by Pearls18 View Post
Thing is you're in now, if you continue to pay your rent what's the big deal? I understand why landlords choose not to house DSS but if you've proved yourself a reliable tenant thus far it'll be a loss to him to have to find another paying tenant.
For some reason some LLs think it's a less reliable way of getting the rent when in actual fact it's just as, if not more, reliable than those that receive monthly pay. I believe some LLs attach the stigma that is benefit claimants are alcoholic dossers who will spend their money on crap and not rent. This of course is not true.

Unfortunately a LL can kick you out without just cause if they want, especially made easy if you are out of a fixed contract and moved to a rolling contract which a lot of people do after the initial fixed term.

I would strongly suggest not speaking to your neighbour about any of this as I believe they are the cause for the LL finding out in the first place. I don't know how or why he got the information from he council as even if you tick the yes box for contacting the landlord they don't usually bother speaking to them and I certainly don't believe theyd have disclosed all that sensitive information. Usually if at all they'll confirm your rent account and not give away your claim.

Do you live with a partner? I ask as the landlord could have posed as them using information from your application to gain access to this information.



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