Private tenants can use human rights to prevent s21 eviction

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

^^^^ have you done what PT suggested and made an application for a stay on the current court order to frustrate any application for an Eviction Warrant by your Landlord while you're getting your act together over the appeal

HA HA! - thanks, PlanB! Very good of you
That'll be done Monday. N244 regarding transcript and warrant? Taken by bus to court house?

I'm going to see a room to rent tonight, I've nearly had enough.
Very nice man named Phil. £87 per week - I can sit there and build my online agency at home.
Wake me up when it's over zzzzzzzzzzzzzzzzzzzzzz

UPDATE: the rented room was not my thing, gonna keep moving forward...............

[PlanB]

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

Dont forget to make an application within the appellants notice for a stay on the lower courts order while you are appealling, its often overlooked but very important to stop enforcement of the court order

^^^^ have you done what PT suggested and made an application for a stay on the current court order to frustrate any application for an Eviction Warrant by your Landlord while you're getting your act together over the appeal

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

Hardship funding for transcript
I'm e-mailing every transcriber on the list now to ask if they know where the funding can be sought.

A transcriber has sent me the court form for this, and it's printed.
Part 52 Civil Procedure Rules; Paragraph 5.17 of the Practice Direction applies.

UPDATE: Filled in, will be taken to court on Monday.
My debts printed out on accompanying sheet £9105.
'Rent arrears' currrently £753. Rent £550 per month.
Cost of my building my home in property: £3000 and 100 hours work approx.
I am launching an online clairvoyant agency in the next two weeks.

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

Money claim
I've written to the landlord by registered mail today that I will be making a money claim within 14 days if they don't resolve my complaint. I've nothing to lose now since there's already a possession order, which expired 9th January 2013.

Does anyone have any clue about making money claims?
I do now have an impressive diary of wasted time, all 30 complaint e-mails ignored by agent printed off, and impressive disrepair schedules (during tenancy, and still outstanding) - but will the court believe it?

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

Im sorry to say, if there is no transcript then no court will entertain an appeal unless there is an adequate note of the judgment.

There was a small amount of funding available i seem to recall however for things like this where a party is in hardship

Maybe the transcribers , we use Wordwave or Possib for our cases, they may be able to advise where the funding can be sought

Hardship funding for transcript
I'm e-mailing every transcriber on the list now to ask if they know where the funding can be sought.

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

Why thirteen days?

If you are going to appeal you will need the transcript of the hearing, it is often overlooked but the CPR allows for a party to apply to extend the time for filing the appellants notice until such time as they have the transcript, especially where the person was a Litigant in Person.

So this will buy you time for appealing also.

Applying for more time to get the transcript
I've just rung the court - they are sending a N244 and fee remission to be returned Monday 4th Feb. If they don't get here on time, I'll print them off the internet.

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

New arguments can be introduced on appeal, provided the underlying case supports it, if you look at Ian Karl Brandon v American Express the Court of Appeal did not take issue with such, but if you need to pull in new evidence that is where you may get caught out. The test for new evidence is in Ladd v Marshall and it is a tricky one to over come sometimes.

Thankyou so much, pt. What great information.
Hmmmm....the main problem was the landlord announcing at the hearing he wanted to sell, whereas when I found a buyer two months previously (who would keep me on), he was told it wasn't for sale.

I think this comes under "respect", as in human right for respect. I think I should have a clear picture from the landlord as to what he's doing when I've spent £3k building a home there.

Otherwise, there's no new evidence, so I don't think I have a problem?

As for PlanB's argument - rent paid in advance should be protected as a deposit: this is how it affected me: when I moved in, virtually nothing was working. But I was forced to stay, because I'd already paid my rent, as well as deposit, moving fees, and agency fees. Despite promises to do repairs before the tenancy, the landlord delayed excessively. He even changed my contract to a periodic tenancy after the first 6 months on the promise of repairs, which then weren't done for a further 3 months, and only then, when I withheld a month's rent. So you could say, each and every month I was paying an unprotected deposit, in a sense.

Finally, he refused tor epair in May last year and accused me of malicious damage. This second unreasonable threat to my home was enough to disillusion me completely. So, 2 years 1 month of giving him trust with my money, only to have the contract ruined by his behaviour.

[pt2537]

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

New arguments can be introduced on appeal, provided the underlying case supports it, if you look at Ian Karl Brandon v American Express the Court of Appeal did not take issue with such, but if you need to pull in new evidence that is where you may get caught out. The test for new evidence is in Ladd v Marshall and it is a tricky one to over come sometimes.

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

Holding Deposits
An ancillary point to the one above:
"The outcome of the case (Johnson v Old) could also give implied or actual guidance as to the question of whether 'holding deposits' paid by tenants could also be deposits for the purposes of protection law".
This is interesting. Yesterday I spoke to an agency who wanted a 'non-refundable holding deposit'. They told me the property needed complete clean throughout, new carpets, and all new appliances. Supposing (as I've experienced before) they didn't do all that work, and expected you to move in, anyway?
Hello...............

#humanrights4tenants #RESPECT

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

This is interesting and possibly helpful to you

There's an appeal coming up where the tenant is arguing that his rent paid in advance (it always is) was in fact a deposit and therefore it should have been protected in one of the appropriate schemes. He argues that since it wasn't protected the Landlord's section 21 Notice is invalid. A DJ agreed with him and he won his case at country court level and had the possession claim dismissed. It was then overturned on appeal (Brighton County Court) and now it's off to round 3 in the COA:

http://www.landlordtoday.co.uk/news_...ice-is-deposit

Sorry about those dreadful ads all over that link but I haven't had time to source you a better one Give the case a Google Johnson vs Old

Rent in advance is a deposit?
Good morning PlanB, very good morning!
This is an excellent argument - I will use it in my appeal, which I am looking at again this morning.

Can anyone tell me whether a new argument can be used in an appeal?
At this point, Community Legal Advice have not contacted me as promised, so there's still no legal help, although I'm going to call them shortly.

I will still be representing my original arguments, also, in the light of the 'new' circumstances (landlord wanting to sell).

[PlanB]

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

This is interesting and possibly helpful to you

There's an appeal coming up where the tenant is arguing that his rent paid in advance (it always is) was in fact a deposit and therefore it should have been protected in one of the appropriate schemes. He argues that since it wasn't protected the Landlord's section 21 Notice is invalid. A DJ agreed with him and he won his case at country court level and had the possession claim dismissed. It was then overturned on appeal (Brighton County Court) and now it's off to round 3 in the COA:

http://www.landlordtoday.co.uk/news_...ice-is-deposit

Sorry about those dreadful ads all over that link but I haven't had time to source you a better one Give the case a Google Johnson vs Old

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

Today I wrote to my landlord to see if we negotiate for me to buy my home.
I will be looking at the list of transcribers sent by the court, tommorrow.

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

With the greatest of respect, it is not wise to rely on Wikipedia for legal authorities or legal assistance.

there is a truly exceptional barrister in human rights law who i am aware of, based over at Crown Office Row, the chap is called Adam Wagner, he may be able to assist. Good luck

Can anyone explain anything wrong with the entry at Wikipedia on implied repeal?
A UK judge "has" to allow a new piece of statute prevail over a previous statute where they conflict, right?

Had a look at COR - I see nothing about public access, legal aid or pro bono.
The pupillage scheme looks up my alley, though

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

Does anyone know the quick answer to how to stay proceedings pending legal aid claim?
I asked the court for maximum extension of time to do this - and they? - gave me nothing,
despite the fact that the possession order awarded is "unlawful".
Thanks.

The DJ told me at later hearing there is no legal aid for defending possession proceedings. That's undoubtedly why he offered me no extension of time.

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

I'm keeping my fingers crossed for you on....Were you advised against filing a counterclaim if you've suffered as a result of the disrepair to your property if the council failed to address the problems? It may not be too late to do that even now but you'll need help to prepare it...Good representation can make all the difference to an outcome.

I see you've not had much luck getting help from a solicitor even though you may be entitled to Legal Aid if you're on a low or no wage (that includes self-employed). Have you tried getting free help through LawWorks http://www.lawworks.org.uk/index.php?cID=10354 They normally need 4 weeks notice to source a volunteer solicitor in your area but they can sometimes step in when it's an emergency. They may also be able to get you a barrister from the Bar Pro Bono Unit to represent you at the hearing http://www.barprobono.org.uk/overview.html Shelter and/or the CAB can refer you to the BPU too.

Good luck :hug:

Thanks PlanB, now I'm getting legal help for my appeal, I will ask if they can help me do a money claim possibly (breach of contract for repairs, etc).