serous consequences over data protection breach.

[AM_MUA]

Hi all.

I was wondering if anyone had been through something similar to what I have over the past few weeks and what the outcome was....let me explain fully.
After 6 m/c I found I was pregnant again. (Thank the Lord! )
I had a great 9 weeks then it all went downhill and became my 7th painful and devastating m/c

I lost my job so had no other option but to claim housing benefit to pay the rent. My landlord owns the 3 flats surrounding Me and knows my next door neighbour very well as he's been living there for over 20 years. Anyway, my next door neighbour said not to tell our landlord about housing benefit because if he found out he would seek to get us out as he doesn't like housing benefit tenant's since he got stung once.
When I made the claim online it says can we talk to your landlord about this claim and I ticked NO. The claim wasn't affected and went onto be processed.

Almost 2 weeks ago when I was still very poorly from the m/c, I got a letter from my landlord through the door. Upon ringing the office, housing benefit had told him everything! When, how and how much to the penny I receive in housing benefit!!! Not to mention the box I ticked but how did he get through security checks and also it states quite clearly on the council's website under data protection that unless the housing benefit is paid directly to the landlord, they cannot disclose any information at all without tenant's permission. Well it was not getting paid to the landlord and they certainly did not have my permission.
Since then I have made a complaint for a the good it's done me because the landlord wants us out now! Banging on the door at all hours, phone calls, emails. It's endless and cannot escape him because our next door neighbour informs him every time we return to our flat. I'm so scared to be living here now and need to move asap but we haven't got the money for a deposit for any other place. We are stuck. The landlord had even threatened to have the electricity cut to force us out. He's pretty ruthless.

Anyway....has anyone had their data protection breached and successfully sued and won compensation? That's the only way I can see us raising any amount of money in time so we can escape this hell hole. Tia.

 

[Geebug x]

Hi lovely,
You can complain definitely, but it terms of going on to sue them I don't know how you would do it with no money?

You would need to pay a solicitor and court fees, if you won the case then yes, you would get them back but you need to have it there to pay out in the first place.

If it was me I would complain and state that you would now require financial compensation for this breach as it has left you homeless xx

 

[Pearls18]

I'm not sure about getting money, Lloyds paid me £100 when I complained about a DPA breach. You need to firstly complain to the department, and say that if they don't satisfactorily resolve your complaint you will take it to the Information Commissonojrs Office (who can fine, and do, fine councils heavily for DPA breaches) make the priority the council being accountable.

 

[suzib76]

Tbh I don't think you will get anywhere with this. I think you would be better focusing your energy on doing something positive as you will be looking for a new place. This 'breach' isn't going to amount to anything. At the end of the day the consequence is that you have to move out, but this is because you haven't stuckk to the terms of your lease, so whether they were found to be in breach or not, the consequence would be the same for you.

 

[Pearls18]

I'm sorry but I disagree with Suzi, a DPA breach is a very serious thing and should always be reported, councils hold incredibly sensitive data (I'm sure they hold data on all of us) we are entitled to know it is being handled properly. I'm not saying you'll get any financial gain out of it to rectify the situation, but I believe you should ensure you report it to limit the chances of it happening again to someone else. They would have received DPA training as part of their job, if they haven't they soon will!

 

[suzib76]

I'm not saying I don't think it's serious and shouldn't be reported, just that it will more than likely end up a massive stress and energy wasted for nothing in return if that makes sense. A complaint to ensure it doesn't happen again I think is adequate, but to sue for compensation seems quite extreme and would cause the OP more hassle than it would ever be worth.

 

[JemmaLouise]

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.

 

[Pearls18]

I'm not saying I don't think it's serious and shouldn't be reported, just that it will more than likely end up a massive stress and energy wasted for nothing in return if that makes sense. A complaint to ensure it doesn't happen again I think is adequate, but to sue for compensation seems quite extreme and would cause the OP more hassle than it would ever be worth.

I agree, although a complaint up to the ICO may be necessary if the council don't take it seriously enough (although that isn't much effort tbh) I don't know anything about compensation in these cases.

 

[mum140381]

could u get a council house or make a homeless application at housing advisory services x

 

[suzib76]

I'm not saying I don't think it's serious and shouldn't be reported, just that it will more than likely end up a massive stress and energy wasted for nothing in return if that makes sense. A complaint to ensure it doesn't happen again I think is adequate, but to sue for compensation seems quite extreme and would cause the OP more hassle than it would ever be worth.

I agree, although a complaint up to the ICO may be necessary if the council don't take it seriously enough (although that isn't much effort tbh) I don't know anything about compensation in these cases.

Tbh I think compensation is a reasonable solution in a situation where a breach of data protection causes the person to be wronged, but all that's happened is the op has been caught, so I think a complaint at whatever level is necessary to prevent it happening again, but I can't see how the op would be deserving of any compensation.

 

[AngelofTroy]

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?

 

[Pearls18]

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.

 

[suzib76]

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.

 

[Pearls18]

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.

 

[suzib76]

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

 

[Pearls18]

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.

 

[hanni]

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?

 

[Pearls18]

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.

 

[suzib76]

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

 

[JemmaLouise]

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.