Private tenants can use human rights to prevent s21 eviction

Re: Private tenants can use human rights to prevent s21 eviction

Oh, and I doubt I'll be using any lawyers.
The ides of "respect" isn't THAT complicated, is it?

Just to send me on that way, the senior housing clerk of Garden Court Chambers just rang me.
When I answered with my name, he slammed the phone down.
This is the firm of Jan Luba, QC - the leading housing barrister in England.

No, I'll take my own case...

Re: Private tenants can use human rights to prevent s21 eviction

Update
I have decided to fight my human right to respect in this case.
On the way to court this morning, I was served with a warrant dated March 1st.
I then received an e-mail from agent responding to my complaint, outstanding since December 2010.
The agent again offered repairs in return for arrears of rent.
They did not address the fact that the complaint is of disrepairs starting on day 1.

I then was forced to pay for a taxi (instead of catching bus) to the court due to these two interruptions.
I submitted my tape transcript request and N244 asking for more time.
I also asked for stay of possession order, and stay of (any) warrant.
I also asked for a public and fair trial as is my right under the Human Rights Act 1998.
This trial must be with an independent and impartial tribunal.

I read quickly through the many comments on this thread, unexpectedly displayed today.
Firstly, there is no proof the landlord wants to sell.
The only proof would be a for sale sign outside.
The buyer I found last November said he wanted to evict me, do repairs, and put another tenant in.
Secondly, there are no rent arrears.
Rent was withheld for breach of contract, all part of my constructive eviction.

I warned landlord and tenant several days ago I will bring a money claim if they again refused to resolve my complaint.
The repair issues sent several days ago were drawn up in a bar chart, covering 32 months of tenancy.
When I called the 'director' of the agency today, he kept insisting the chart was only about current repairs.
This was after I called the property manager, who deferred to director.
I recorded the call, which on his part was nonsensical, as are their e-mails in 'response' to complaints.
I have also now warned the agent I am considering making a complaint to court about them.
The complaint could have criminal implications.
This complaint will be under the Consumer Protection from Unfair Trading Regulations 2008.
It will include inducing me to make a home in the property, then serially disrespecting, threatening and attempting to destroy that home.
It will include the 6-month 'exploding' cooker ring saga, the 10-month denial of heating to 23 sq m wooden-floored area in the freezing weeks of winter 2012, when the mortality rate raised by 20%, and all the other acts to undermine my "home".

Let it not be forgotten that the people of this country have a LEGALLY ENFORCEABLE RIGHT TO - "RESPECT" - FOR THEIR - "HOMES".

Despite the many postings here, ownership rights do NOT completely override that right.
Just as the right to respect does not completely override ownership rights.
They must be balanced, even though this has thus far been denied private tenants.
The DJ in my case made more than one show of not agreeing with this denial of private tenants' right to respect.

If anyone doubts the strength of my convictions, listen up:
You have all helped me by writing the 'opposing forces' - to fight back harder.

And thankyou.

Have a great evening, everyone.
And remember - we private tenants have a - "RIGHT" - to - "RESPECT" (also reminding myself).
:tinysmile_aha_t::beagle:

I have no doubt whatsoever the court will uphold it.
After all, the court is part of a justice system.
That's what it's there for.

No, I didn't say the landlord should be forced to sell to a local landlord.
TO ATTEMPT TO DO SO WOULD BE -

RESPECT.

Something inherent in all natural human beings - is it not?

[FlamingParrot]

Re: Private tenants can use human rights to prevent s21 eviction

Asking court for more time to find a buyer for the property
I'm submitting a N244 tommorrow asking court to stay possession order/warrant.
I'm pointing out that landlord is selling property and I would like to find another landlord buyer.
I enclosed a letter I sent to landlord telling him this.
Also asking for transcript of last hearing if necessary.
If transcript went ahead, I would appeal via N161 but don't want to do more than I have to.

This is not a matter for the court, your landlord is free to sell the property to whoever makes a suitable offer and is able to proceed swiftly. When properties are advertised as suitable for investors only, this is because there are tenants who are still within the period stipulated on their tenancy agreement and cannot be evicted before the end of that term. As with any other restriction, this limits the vendor's options, why would any landlord agree to such stipulation? And why would the court order that he should only sell to another investor?

Sounds like it's time to move on, unless Plan B wishes to purchase your landlord's property! :lol: :lol: :lol:

[FlamingParrot]

Re: Private tenants can use human rights to prevent s21 eviction

You nasty person Plan b LOL not really without you and others the OP would be homeless

Is it because Plan B has been very helpful to the OP, or because she is a landlady? :biggrin1: eep:

[FlamingParrot]

Re: Private tenants can use human rights to prevent s21 eviction

I'm a great supporter of Human Rights but it's a two-way street in law. I feel the OP has an uphill struggle with this case because there would be wider implications if an Appeal court ruled that every tenant had the right to stay in a property once their fixed term tenancy agreement expired. It makes nonsense of having a contract with an end date in the first place. Would this also mean that every person who buys a flat would have the Human Right to stay there after their lease expires? It would be a very brave judge who opened that can of worms.
eep:

Unfortunately, if this was to happen, it would be bad not just for landlords but also for prospective tenants. When it's taken a step too far, legislation intended to protect a certain group of people often backfires and ends up hurting that very same group. For example in Spain, tenancy agreements had to be for 5 years and it was very hard to evict people when they didn't pay: the process took 6 months or more and the landlord wasn't able to recover the unpaid rent over that period. Sounds like tenant heaven, but it only made it harder for tenants to find a place to rent. Landlords and agents were asking for payslips as proof of income (which made it hard for the self-employed, etc.) as well as deposits of up to 6 months. Many potential landlords decided to keep their properties empty rather than letting them out. Things may have changed by now -this was around 8 years ago- but shows how what, on the surface, would appear as a triumph for the tenant would have much wider long-term implications.

[PlanB]

Re: Private tenants can use human rights to prevent s21 eviction

I'm a great supporter of Human Rights but it's a two-way street in law. I feel the OP has an uphill struggle with this case because there would be wider implications if an Appeal court ruled that every tenant had the right to stay in a property once their fixed term tenancy agreement expired. It makes nonsense of having a contract with an end date in the first place. Would this also mean that every person who buys a flat would have the Human Right to stay there after their lease expires? It would be a very brave judge who opened that can of worms.
eep:

[wales01man]

Re: Private tenants can use human rights to prevent s21 eviction

Im not a landlord but agree with communication being a good idea if people talked to each other more many disputes would not happen.Doesnt the vodka and orange spill out in your pocket?
Sorry its my sense of humour

[PlanB]

Re: Private tenants can use human rights to prevent s21 eviction

Landlords are just like tenants - you get good ones and you get bad ones :grin:

It's all about managing expectations, keeping a good line of communication open, and a degree in psychology would help. Oh and always having a screwdriver in your pocket in case of emergency :wink:

[wales01man]

Re: Private tenants can use human rights to prevent s21 eviction

You nasty person Plan b LOL not really without you and others the OP would be homeless

[PlanB]

Re: Private tenants can use human rights to prevent s21 eviction

quotes the Human Rights act the try to get a court to tell the the landlord what to do with HIS property

That's a very good point. The Landlord could claim that it's his Human Right to sell his property to Mickey Mouse if he so wishes. But the big issue here is that the OP has rent arrears so the Landlord also had the right to take possession under section 8 even if the section 21 argument failed due to a legal twist. Most tenancy agreements don't give the tenant right to withhold rent for any reason although disrepair will be considered by the court but only until the repairs are carried out.
This is the moment when Plan B has to confess to being a Landlord :behindsofa:

[wales01man]

Re: Private tenants can use human rights to prevent s21 eviction

I admire the OPs determination in this matter but have a feeling he is clutching at straws he quotes the Human Rights act the try to get a court to tell the the landlord what to do with HIS property. I always try to look at these cases from both sides so far we have no real proof of what the landlord thinks about it all .IMHO its time to move on sometimes as right as we think we are others take a different view

Re: Private tenants can use human rights to prevent s21 eviction

I agree with PlanB,,it's probably best to concentrate on getting a new place to live rather fighting what will be ,in the end,a losing battle. You cannot dictate to someone what they do with their own property,it's really is none of your business and surely the LL/T relationship has now completely broken down.He wants his property back and legally he is entitled to it,you have no right to assume you have any say in that. I'm sorry if I sound harsh but thats the facts.
I wish you luck in finding a new (hopefully better) home

[PlanB]

Re: Private tenants can use human rights to prevent s21 eviction

Asking court for more time to find a buyer for the property
I'm submitting a N244 tommorrow asking court to stay possession order/warrant.
I'm pointing out that landlord is selling property and I would like to find another landlord buyer.
I enclosed a letter I sent to landlord telling him this.

I don't see how that would work? The court has granted your Landlord possession of his property which means you have no lawful right to remain living there. Why would a court interfere with the the Landlord's right to do whatever he wants to do next? He can sell it to whomever he wants. He can not sell it whomever he wants. He can live in it, demolish it, fill it full of cats or leave it empty and that's entirely his choice. Surely it's none of the court's business, and I would think they would see it as none of your business either.

The court may consider a stay of the eviction if you were to demonstrate a good enough reason. But it wouldn't be an indefinite stay, it would be to a defined future date - probably not too far away. I believe you would make that application on receipt of the Eviction Warrant which is different from an application to the court to stay the current possession order because you have an appeal filed as PT has said, but you need to check that out with a lawyer.

Why did you change your mind about renting a new place, because you seemed so sure about that at the weekend Would it make sense to focus your energy on exhausting your legal options to stay where you currently live safe in the knowledge that you can always rent somewhere else if it doesn't go according to plan. Always good to have a Plan B

Re: Private tenants can use human rights to prevent s21 eviction

Asking court for more time to find a buyer for the property
I'm submitting a N244 tommorrow asking court to stay possession order/warrant.
I'm pointing out that landlord is selling property and I would like to find another landlord buyer.
I enclosed a letter I sent to landlord telling him this.
Also asking for transcript of last hearing if necessary.
If transcript went ahead, I would appeal via N161 but don't want to do more than I have to.

Re: Private tenants can use human rights to prevent s21 eviction

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