Hi

Welcome to CAG

Well I think you have probably had a good read through the Forum about this lot and the way they act.

Yes the current vendor is trying to extend the lease note I do say trying as that will be up to Southern Land and what they are going to charge that current vendor as Southern Land as you will see from other Topics on the Forum tend not to negotiate they come out with an outrageous price and it's take it or leave it.

So you will need to be careful that the lease is extended before you agree to sign anything and it is in front of you writing.

You also need to bear in mind as Southern Land are the Freeholder it's not just your property but the entire building/grounds and any repair extra to the building everyone in that building will share the costs and you have probably seen some of those cost in the topics on the Forum that you looked at  so you will need to bear that in mind as well.

As for the RTM yes you may want to do this but without the agreement of all those in that building and as you will be new to them they may air caution or not and agree with you but it's then getting it through Southern Land.

Have you been to the property/building and even had a chat with some of those in the building and asked them what Southern Land are like and even your suggestion on RTM.

Hi

To add to the above.

You also need to inform the Housing Association that to date they have failed to respond to your stage 2 Complaint on this matter dated XX/XX/XXXX.

Section 11 Landlord and Tenant Act 1985 states that a landlord must keep in repair and proper working order the installations in the property that supply heating and hot water this includes boilers and as I had no heating nor hot water and with disabled children this should have been dealt with as an emergency which you failed to do.

Due to the above I should not have to also remind you of your responsibilities under the Equality Act which in this situation you also failed due to having disabled children and left with no heating nor hot water for months at a time.

On the last engineers visit due to the water from the boiler leaking all over the electrics your engineers way of resolving the water leak from the boiler heat exchanger was to use the incorrect size washers and use some sort of glue/sealant which is incorrect for this boiler.

Your Engineer failed to check the electrics were safe and the next day the boiler failed once again.

I will also remind you of the Right to Repair Scheme:

https://www.communities-ni.gov.uk/right-repair-scheme#:~:text=The Right to Repair Scheme covers small%2C urgent repairs costing,or safety of the tenant.

I now require the following:

1. Clarification if those Engineers that came out to fix this boiler are Gas Safe Registered and there Registration Number.

2. Copy of your Right to Repair Policy not the leaflet.

3. Copy of your Complaints Policy not the leaflet.

4. Coy of your Compensation Policy not the leaflet.

5. List of your Nominated Contractors as your present Contractor seems unable to fix boiler issue or has no knowledge how to repair these boilers and wish to choose a different contractor which I am entitled to do so and if you refuse this I require full clarification as to why and which Housing Act/Legislation.

6. Due to the water from the boiler leaking onto the electrics and that I have lost any trust in your contractor ability to fix these boiler and the water leaking all over the electrics due to this safety issue I require an Electrical Inspection to be carried out and if this is refused I require full clarification as to the reason why with the relevant Housing Act/Legislation.

7. I require a copy of the details when this specific Boiler was installed into my property and a copy of the last Gas Safety Inspection Report.

Due to the above and your failures in this matter even ignoring a Stage 2 Complaint to date I now require a Letter of Deadlock so that I may proceed to the Housing Ombudsman on this matter.

Can you tell us which Housing Association we are dealing with?

With the above have a good read of the Right to Repair Scheme link as I bet they never told you about that nor that you are also entitled to ask for a list of there Nominated Contractors which they will have separate to the main contractor they are using as most Housing Association like to keep that hidden so tenants don't know about it

Hi

Hope the move goes well for you and look after yourself.

As for the SAR if you chase then give them only and extra 7 days otherwise off to ICO with Complaint of Failure to respond to SAR.

Also with the Letting Agent have a wee look at there website and see if they are members of other registered bodies and if they are look them up and what there Code of Conduct is  and report the Letting Agent to them about there actions and Failure to respond to a SAR.

Hi

Are you sure they are registered on Companies House?

As there is nothin on their website identifying them nor even a Privacy Policy.

And when I do a look into them there is a Company on Companies House but it is not the Company of the AK Vehicle Website your posted.

The one I get is in Salisbury but its not the same website you posted

Post the Companies House link or their Company Number

Hi

Further to what you have stated that the Head Teacher states she can see any CCTV she asks for.

I assume she was specifically referring to Savers CCTV.

With the above you need to make sure you ask this question at your meeting and specifically refer to that store Savers and that you want this and the Head Teachers response noted.

Another question to ask is Has the Education Departments Data Protection Officer been informed.

As for the above she is absolutely incorrect as I have previously stated the only people outside that Savers shop that have a Legal Right to view that CCTV for your Scenario is the Police not any Head Teacher who thinks the are above the Data Protection Act 2018.

Another point on her statement is the Schools/Education Departments Data Protection Policy will NOT cover anywhere outside that Schools Property more specifically that Savers Store so again that Head Teacher had no right whatsoever to view that CCTV under the Schools Data Protection Policy.

You keep you head held high and it's easy for may to say it on a Forum and look after yourself

Oh almost forgot if you are only given their evidence they are relying on at the meeting you are within your right to ask for the meeting to be adjourned for say 15-30 minutes so you have time to read their evidence.

Hi

I dealt with CCTV for some years for a very large Housing Association.

They most likely wont just be installing this CCTV just in you building most likely other properties that the Housing Association own with be getting these installed as well.

The installation and the areas covered will be for security and to also protect the Housing Associations Property as remember it is your rents that pay for repairs for any damage etc caused.

The CCTV recording will only be viewable by staff within the Housing Association and the Police if the Police ask the Housing Association and that the staff will have taken that appropriate training and of courses for CCTV also the Housing Association will have to be registered with the Information Commissioners Office (ICO) as well.

These are not being installed to pry on the tenants is will be for security of the property/building only

Does the Housing Association have to tell you they are going to be installing these legally no but it would be better to inform the tenants and the reason why.

This does not stop you tenants within that building asking for a meeting with the Housing Manager to have the reason explained why the installation if this CCTV system is being installed and to air your views/concerns.

There are numerous regulation and legislation that the Housing Association will have to follow with the CCTV right down to signage, staff training on CCTV, Handling of CCTV Footage, Storage of CCTV Footage etc.

My own Housing Association at the time in one estate have over 100 CCTV Cameras covering every single area of that estate ( that's just one estate) from externally to internally within the buildings. Only trained CCTV Operators were allowed into the CCTV Room or the Police and the only other person allowed into that room was myself doing spot checks to get into that room was like Fort Knox it was that secure.

Can I also just add to the comments already.

1. What the shop has done with the CCTV is a clear Breach of the Data Protection Act as they had no right to inform nor show that CCTV to anyone in your school/employer as it is absolutely nothing to do with your employer. report the shops actions to the Information Commissioners Office (ICO). In fact ask the shop for there ICO Registration Number

2. As above this is nothing to do with your Employer but to do with that Shop Only.

3. IMO I also would be reporting that shops actions to the Police as is that shop suspected theft then it is the Police they should have went to not your employer so report this incident to the Police and get a Crime Reference off them.

4. DO NOT offer to pay for anything as you took nothing from that shop.

5. Sue the hell out of that shop and the staff member that has done this they need to be taught a lesson on how not to use CCTV and approach someone's employer.

I think you need to inform your Employer that you refuse for them to look at that shops CCTV for the simple reason they are not the Police and also have No right under Data Protection Act 2018 to do so and that you wish the Police to be involved in this matter for them to view the CCTV as the shop approaching you my Employer about this CCTV is also a Breach of the Data Protection Act

In your scenario here the only people outside that shop that have a Legal Right to view that CCTV are the Police Only NOT your Employer.

Next I feel you need to make a Formal Complaint to the CEO of Savers about this specific shops actions and how you feel about it and do not hold back about how you feel and make sure to be clear you took nothing with what is claimed.

1. The shop had no right approaching your employer and offering them to view the CCTV

2. The above actions with the CCTV is a clear Breach of the Data Protection Act 2018.

3. I had nothing to do with this supposed theft which if it was then your store should have clearly involved the Police rather than go direct to someone's employers as they are not the Police nor the Courts and I will fully defend myself in this matter.

4. Due to your stores action I have been suspended by my Employer until they view the CCTV which if they do is another clear breach of the Data Protection Action 2018 as the only people outside this store that can legally view that CCTV Footage is the Police

5. Your stores action are in Breach of the Data Protection Action 2018, by approaching my Employer and my Employers action due to this is defamation caused by your store.

6. Why has this store to date not involved the Police if this is a claim of theft?

7. I require to be provided with a copy of this CCTV Footage and for it NOT to be deleted and it must be stored and I require confirmation of this.

8. I require to be provided with the CCTV Policy for that specific store

9. I require the ICO Registration Number for that specific store.

10. I require to be provided with a copy of your Company Data Protection Act Policy

11. I require the full name of the Manager of that specific store

12. I should remind you of the Vento bands in force which I will use due to the above

https://www.judiciary.uk/wp-content/uploads/2023/03/Vento-bands-presidential-guidance-April-2023-addendum.pdf

Head Office

Savers Health and Beauty Ltd, Hutchison House, 5 Hester Road, Battersea, London, SW11 4AN

Chief Executive Officer (CEO) Doug Winchester

Email:  doug.winchester@uk.aswatson.com

You now want a good paper trail of all of this as your own evidence

Hi

Query with the Housing Association exactly who the Management Company is they are referring to in the breakdown of the Service Charges Invoice/Statement and that you require their Full Company Name, Address and Company Number and clarification if they are the Managing Agent for your Property.

It may be that the Housing Association has set this company up themselves as the Managing Agent.

My own Housing Association does Shared Ownership and does exactly that has setup a Managing Company which is the Factor/Management Company for Shared Ownership but in reality it is the Housing Association that runs it.

Hi

So it a Housing Association Property purchased under Shared Ownership.

Well after reading your two PDFs you are way ahead of what I would have suggested already to you in what you are requesting information wise from them and you are doing the correct thing in asking for that so wait and see what responses they come back with

DO NOT send them a copy of your Shared Ownership Lease as you have confirmation that they don't have a copy then what the hell have they done with that as it contains your personal data and if they have lost this Original Document that is a Data Breach under the DPA 2018.

You need to make a Formal Complaint to them and make sure and title it 'Formal Complaint' and refer to that email response where they state they do not have a copy of your lease and that you refuse to send a copy as the Housing Association should have the Original Lease Document and that response basically means the Housing Association has lost your Original Lease Document that contains Personal Data and is therefore a Data Protection Breach under the DPA 2018 and you require a response from the Housing Associations Data Protection Officer where this Document has went to and if unable to find this document them I will report this as a Data Protection Breach to the Information Commissioners Office (ICO).

It is for them to find you Original Lease document not for your to provide them a copy that you hold in fact they have a dam nerve asking you for that

If you know other Shared Ownership people in your Estate I would advise getting together and discussing your issues as a Group but anything you hit the Housing Association with you all do individually in case this needs to go further if the Housing Association doesn't play ball i.e.

Due to the concrete damp/damp course issue you may need to get and independent surveyors report but doing this as a group may reduce costs to yourself.

You may need to get a Solicitor involved but doing this as a Group may reduce costs sharing it as a group.

the above is only if you may have to scenario but better to be prepared.

Also remember with the Housing Associations Insurance Company they are working in the interest of the Housing Association and not your interests.

Which Housing Association are we on about?

Hi

I understand you sent the SAR to both Landlord and Letting Agent now the but:

The Landlord has Employed the Services of the Letting Agent to act on the Landlords behalf that is why the Landlord has returned this as the Letting Agent should be dealing with the SAR.

Where the Landlord is wrong is just returning this return to sender that Landlord should have wrote to you and explained this so the Landlord not doing so is putting themselves in not complying with a SAR.

Has the Letting Agency Acknowledged your SAR Request yet from when you sent it?

If they fail to comply after the set 30 Calendar Days then off to ICO to make a Formal Complaint to them.

Hi

As dx100UK has stated but I must ask have they actually acknowledged receipt of your SAR? if they have the time limit of 30 days run from them acknowledging receipt if they then fail to give you what your SAR asks then off to ICO to make a Formal Complaint.

Hi

Welcome to CAG

If they don.t have a copy of your lease then Maladministration but also where has it gone as that is Data Under the Data Protection Act and if they have lost it tut tut tut so what I would do is write to them (ensuring to get free proof of posting from post office) asking them for clarification that they cannot find the Original Copy of your Lease as you require this in writing.

You then wait to see their response to that.

Can you clarify if this is a Housing Association Property? or Leasehold Property? or Private Renting? as thing differ between each.

Can you post up in writing exactly what the clause in full states?

Now when you say property flooded can you be more precise as to exactly what happened to cause the flooding?

Do you have Insurance Cover?

As for the clause without having it to read what you state in your post would really depend on the wording of that clause and whether the flooding was for example due to the recent weather that caused numerous properties to be flooded out.

Where it would change and that clause would come into affect is if the flooding for example was caused by say a pipe bursting in the property that your Landlord was responsible for maintaining and did not maintain it.

With any property whether it be Housing Association, Leasehold, Private Renting you should always have Insurance i.e. Contents Insurance or Building Insurance or both depends on the Property or if a Clause state you must have certain Insurance.

Hi

If the Bankruptcy is affecting your Credit Score with Credit Reference Agencies they don't tend to up date this when you are Discharged from Bankruptcy so you may need to contact them to update their records but they may ask for either a

Confirmation Letter or

Certificate of Discharge

Note: how to get those above are in the Government link in post#33 read Proof of Discharge

Hi nick

As the question you are asking now is to do with Benefits it is best that you ask that question in our Benefits and HMRC area of the Forum as you will get better answers to your question there.

Here is a link to that CAG area for you:

https://www.consumeractiongroup.co.uk/forum/111-benefits-and-hmrc/

Have you been Discharged from Bankruptcy yet?

Applying to become bankrupt: When bankruptcy ends - GOV.UK

WWW.GOV.UK

---

How to apply for bankruptcy: how long it lasts, bankruptcy restrictions, what happens to your home and assets when you're bankrupt.

Turn2Us also have a Benefits Calculator:

Look at the IMEI Number for that mobile phone.

Then do a google search and just type Check IMEI and you will see free online checkers where you just enter the IMEI Number to get the info on your mobile phone.

Ah that iPhone was delivered direct from Apple really I don't think so why you may ask.

1. It would not have been delivered direct from Apple to that Store it would have more than likely been delivered to Argos Warehouse then distributed to the relevant stores who place all high value items is a secure locked area.

2. The swapping of this phone could have taken place during the delivery to the Argos Warehouse or after delivery to the warehouse to the relevant store.

I think you need to write to Argos CEO and ask for full clarification that indeed this IPhone was delivered direct from Apple to XXXX Store and not delivered to an Argos Warehouse then distributed to XXXX Store or delivered from another Argos Store to XXXX Store you require the full chain of events that tracked that specific IPhone to XXXX Store.

Also remember Argos would have had a lot of Temp Staff during this period

Hi

The problem you have at present from your posts so far is this is a Civil Matter and is why the Police are not getting involved.

What you need to do is send that neighbour a Copy of your Root Conveyance for your Land with a Cease and Desist Letter ensuring to keep copies and get proof of posting.

The mobile phone recording as such are not illegal but if for example they start posting these on social media for example Facebook/Meta etc. without your consent then that is a different matter.

Google 'neighbour land dispute case law uk' and see what comes up and have a wee read

Google 'Protocol for Disputes between Neighbours about the Location of their Boundary (The Boundary Disputes Protocol)' and see what comes up and have a wee read

This seems more like a Property Boundary dispute that has happened which is a Civil Matter

Hi

I forgot to add just so you are aware that as the Housing Ombudsman has a Memorandum of Understanding where they share serious failures I do hope that the Housing Ombudsman passes onto the Housing Regulator the Outcome of your Housing Ombudsman Decision so the Housing Regulator can look more closely at A2Dominion with it's Poor Record Keeping and Non Compliance of it's own Complaints Procedure.

The Memorandum of Understanding is in this Link:

Memorandum of Understanding between the Housing Ombudsman and RSH - GOV.UK

WWW.GOV.UK

Hi

Wow that Ombudsman decision is soo damming in it's findings and well done to you for keeping up with this as it must have been so stressful for you especially the length of time this has went on all due to the failings of A2.

Make sure they have paid you that £1,950 by that date 31st January 2024 and if not report to the Ombudsman (will look very bad if they don't)

Also make sure and get a list if costs together of your additional costs incurred due to the decant.

Just some example to include:

Transport
Food
Heating
Extra furniture as property unfurnished/bedding/fridge/microwave etc

Every little cost no matter what you add to your list you want that money back it's in that Ombudsman decision.

If A2 refuse a certain cost then you simply ask them for full clarification as to why. (will look bad to the Ombudsman if they don't give you full clarification)

I would certainly pass a copy of that Ombudsman decision onto your MP

Lastly WELL DONE and you have a good Christmas and New Year

Remember we are here if you ever need us and please pass onto others about CAG

I wont amend your thread title to resolved until you get that money and also your decant costs back

Hi

Just thought I would pop in to see if anything back from ombudsman at all?

Hi

Have they informed you why they have now dismissed you?

When you say you were writing a report to the Charity Commission was this in fact you whistle blowing on said Charity?

If you wish to appeal this decision you must take action urgently to get you appeal into your employer

Hi Nick

That is good news but make sure you notify them that you agree to this stating exactly what they have confirmed to you and the your moving out date and if they could confirm to you this is acceptable. (note: make sure to get the Oil for the Heating topped up and get an invoice/receipt for it and send a copy to the Letting Agent to prove you have done this when you move out)

On a different note just for reference your post#29 with the Break Clause and what the Letting Agent then stated about it.

The Letting Agent is actually correct in what they have stated due to to the wording of that Break Clause as to use it you must have initiated the Break Clause at the 12 month period only otherwise the tenancy runs for the full 2 years.

Hi

As this is Council Housing they are a Registered Social Landlord (RSL) and as the exact same as Housing Associations/Trusts etc so never ever be afraid to challenge them just because they are the Council does not make them anything special as they still have to follow the exact same Legislation/Regulations as all RSLs must.

Nice to see a Council when someone parent has passed using the heavy handed tactic with absolutely no compassion.

Sadly the Council Housing can charge to empty out the property as it is the Tenants responsibility  to clear out the Property before handing it back i.e. handing in the Properties Keys and if they have to end up removing items to clear the property they can then charge for this service especially if 35yrs worth of stuff has been left.

I can see what dx100uk is saying but your situation is slightly different as this was the family home and you were all related and have now moved to another property with the same council. So what the Council will probably do with these charges from liable for one weeks rent to charge for clearing property if not paid is they will add this to your rent account for your new property as a Charge until fully paid.

Depending on how much they decide to charge if unable to pay it in full the Council must give you the option or ask for the option of setting up a payment plan but you don't let them dictate the weekly/monthly payment you tell them what you can afford and remember if you default they can then take other action.

Which Council Housing is this?

What you need to do here is challenge their action by following the Council Housings Complaints Procedure and write to them ensuring to title the letter Formal Complaint. (Get Free Proof of Posting from the Post Office and keep a Good Paper Trail)

Dear Sir/Madam

Formal Complaint

As you are aware my Father passed away on XX/XX/XXXX and the Tenancy Agreement was in his Sole Name and you were arranging for me to down size to another property due to Bedroom Tax/Under Occupation which was done by yourselves.

During this and getting my new property not once was it explained to myself by the Council Housing that I had to full clear out the property
as the Tenancy Agreement was in my late fathers name and I would have expected to be informed of something so crucial.

I was also informed by (name) from the Council that I had to drop off the Keys to the Property to the Council Office by 5pm on Monday (month, year) but I actually dropped the key earlier at 3pm on that day. I have now been informed that I had been advised wrongly and the keys should have been dropped off by 1pm and due to this I am late and am now liable for another weeks rent.

I fully refute that I am now liable for another weeks rents as this error was due to the incorrect information given to me by (name) Councill Officer
so this maladministration lies directly with your staff giving incorrect information.

Also bear in mind your Tenancy Agreement for that Property was with my Late Father and not myself so I would have been unaware of your 
Policy and Procedures for Ending the Tenancy as it was actually the Council that did this due to Bedroom Tax/Under Occupation and made me down size to another property.

Therefore the Council are in Breach of their own Policies and Procedures for Ending a Tenancy as nothing was mentioned to myself as to the proper way to follow your Policies and Procedures for ending that Tenancy that was in my Late Fathers Name as I should have been informed properly by your staff which I was not as I was never informed about ensuring to fully clear the property before handover to Council to the incorrect information about handing the key back.

This is disgraceful action by your staff and maladministration which I am being forced to pay for and fully refute due to your the Council Housings Actions

I look forward to your reply.

NOTE: please amend the above to suit your needs again never ever be scared to challenge Council Housing just because they are the Council they are no different to any other Social Housing Landlord and you use their own Policies and Procedures against them

You also need to check your Deeds for the Property to make sure there aren't any clauses contained within it that you are responsible for the sewage network within your own property boundaries.

Why have the Insurance company refused to deal with this?

Why have you went to FOS? (what is your complaint to them about)

We need a short Bullet Point breakdown from start till now as to what has went on with Dates as the information at present is lacking.

Hi

I totally understand you mentioning that Break Clause again as you have previously mentioned it.

The question is when you asked the Landlord/Letting Agent to be released early from your tenancy did you do this mentioning the Break Cause contained within your Tenancy Agreement?

If you did not mention this at the time of your request to be released early from your Tenancy Agreement to the Landlord/Letting Agent specifically that Break Clause them you have not actually asked to use that Break Clause.

This is why the Landlord/Letting Agent have agreed to release you early from your Tenancy Agreement with the stipulation that you will be responsible for the Rent until a New Tenant is in place which the Landlord/Letting Agent can do even down to advertising cost for a New Tenant. 

As for the Letting Agent stipulating that you are not to contact the Landlord Direct but must go through the Letting Agent well the Landlord has employed the Letting Agent to ack on their behalf so the Letting Agent is actually doing nothing wrong in stating that to you and with what has been happening I would listen to the Letting Agents advice and to only go via the Letting Agent.

Can you post up the full wording in your Tenancy Agreement of that specific Break Clause?

Have you contacted RBL and SSAFA?