Private tenants can use human rights to prevent s21 eviction

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

WHAT THE HIGHEST JUDGE IN THE LAND HAS TO SAY ABOUT HUMAN RIGHTS
"while our commitment to the protection of human rights may seem weak because the courts cannot strike down legislation, in the long term the real extent of any commitment to the rule of law and human rights depends on society’s belief in it, and not on a voice of authority, no matter what that authority might be" - here, paragraph 23

~ Lord Neuberger, 2011 (then Master of the Rolls; now President)

What he's saying is: YOU, the people, are the authority. If you believe in the law, including human rights, it will succeed. The courts cannot change the laws, but if they are unfair, if they are incompatible, for example, with your fundamental human rights, YOU are the authority who will over-ride them in the courts, by demanding justice of the judiciary themselves. No judge can act unless you ask him or her to do so.

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

The first point in your defence is really interesting "Tenancy document void - not read before signing" because it could have wider implications since this happens a lot.

If the court accepts this argument could the Landlord then pursue you for tresspass or even squatting (now a criminal offence) if it's decided that you never did and therefore still don't have the legal right to occupy the property.

You seem very well prepared and I hope all goes well for you on Wednesday. Good Luck

"could the Landlord then pursue you for trespass or even squatting (now a criminal offence) if it's decided that you never did and therefore still don't have the legal right to occupy the property"

No.

Trespass and squatting occur where there is no permission to enter, or live in, a property.
In my case, I was induced to contract, referenced and given permission to lawfully occupy the property by the agent.
This effectively means I was induced to contract, referenced and given permission to live there by the landlord.

Written documents are not required for a tenancy agreement to be in place.
The receiving of rent will show whether a tenancy without written agreement is in force.
However, if the document supplied is incorrect for the circumstances, it is possible your landlord cannot use the proceedings he is using, to evict you.
There are certain proceedings for each type of tenancy, and a landlord can't use the wrong type.
Unless the tenant lets him.

Thanks for the luck, PlanB :snowman3:

[PlanB]

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

The first point in your defence is really interesting "Tenancy document void - not read before signing" because it could have wider implications since this happens a lot.

If the court accepts this argument could the Landlord then pursue you for tresspass or even squatting (now a criminal offence) if it's decided that you never did and therefore still don't have the legal right to occupy the property.

You seem very well prepared and I hope all goes well for you on Wednesday. Good Luck

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

PURPOSE OF THE HUMAN RIGHTS CONVENTION AND ACT
The Convention for the Protection of Human Rights and Fundamental Freedoms, from which our 1998 Act (above) derives, was drawn up after the 2nd world war, to prevent further atrocities and acts of inhumanity.

THE UK'S RECORD ON HUMAN RIGHTS OF TENANTS IS POOR
The lawyers who drew it up included English lawyers, and yet the UK courts have thus far denied human rights to tenants many times since the HRA 98 came into force in 2000. Some tenants have come away unsuccessful from the UK courts and taken their cases to the European Court of Human Rights, and won against the United Kingdom.

WHY JUDGES MUST START TO RECOGNISE THE HUMAN RIGHTS OF TENANTS
Apart from the fact that our human rights are inviolable as part of constitutional statute, Lord Neuberger, the highest acting judge in the UK, and acting President of the UK Supreme Court, has said that the judiciary should not fear the 'unsettling' of housing cases by the spreading impact of human rights. They certainly should not do so, because their Oath of Office is as follows:

"I, (name), do swear that I will well and truly serve our Sovereign Lady Queen Elizabeth in the office of (office), and I will do right to all manner of people after the laws and usages of this realm (or colony), without fear or favour, affection or ill will"

POLICE COULD BE BREAKING THE LAW, WITH THE COURTS, DURING THE FORCIBLE EVICTION PROCESS
If a tenant resists eviction (we could call it unlawful eviction if their human rights have not been considered), the bailiffs cannot physically drag him or her from their home. For this, they would call the police, for a breach of the peace. Now read the Oath of Office of a United Kingdom policeman:

"I, ... of ... do solemnly and sincerely declare and affirm that I will well and truly serve the Queen in the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property; and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law"

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

CONTENTS OF MY APPLICATION TO THE COURT, INCLUDING REQUEST TO SET ASIDE S21 POSSESSION ORDER
My application in these s21, so-called 'mandatory', proceedings was submitted to the county court yesterday.
It included 30 complaints and 14 other pieces of correspondence ignored by agents.
Serial breaches of contract by claimant and his agent(s).
The legal argument contained 10 Points:-
1. Tenancy document void ab initio: not read before signing; signed under duress; wrong for circumstances.
2. Wrong proceedings for the agreement therefore.
3. Limited deposit protection: franchised agents regularly make unlawful deductions.
4. Claim is part of a course of conduct a reasonable person would see as harassment.
5-10 Public law (human rights) defences which I will post after the court has considered them.

My application included request that the court:-
- set aside the possession order
- order appointment of new agent
- order drawing up of new tenancy document
- order damages and costs against claimant
- order restraint against bringing these proceedings whilst in breach of contract again
- to allow a fair and public trial, per Schedule 1, Part I, Article 6 Human Rights Act 1998, if necessary
- award the maximum extension of time to allow processing of legal aid application, if necessary (this was previously denied by the court)

Hearing this Wednesday, 23rd January 2013.

If the court disagrees with my human rights, it has to put me out in the snow.

THE GOVERNMENT WILFULLY IGNORES THE HUMAN RIGHTS OF THE HOMELESS
On the way home from submitting my application to the court yesterday, I gave some money to a homeless man, begging in the falling snow. He told me he'd been told the authorities wouldn't allow the use of empty houses on 'health and safety grounds'. I found out during my researches there are an estimated 1m homeless (half in shelters) and 0.71m registered empty houses alone (this exempts their owners from council tax).

The offence against the homeless people is degrading treatment, contrary to Schedule 1, Part 1, Article 3 of the Human Rights Act 1998:
"No one shall be subjected to...inhuman or degrading treatment or punishment"

Can a government be sued? oh yes.

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

http://www.bailii.org/nie/cases/NIHC/Master/2012/9.html

There is a helpful comment within this case which the Court recognises the rights under Article 8 HRA 1998

Althought it is not dealing with s21 notices you will at least draw a crumb of comfort on the judges ruling no doubt

Thankyou, and sorry, but I haven't got time to read it. If you'd like to post the comment to help others, so be it.

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

For readers who want to fight for their own rights in future:-

1. There are no 'legal authorities' at Wikipedia.
An authority is a previous case, cited as precedent in your case.
Meaning, the court has to apply the same judgement to the same facts.

2. I did not say I had an 'automatic right to counsel'.

3. I already have the best barrister on my side, as I've said, so I don't need another, lesser one.

A little encouragement for those who are USING this thread for their own purposes:
If I see something I feel needs reporting to the forum, I report it.
Please try and READ the facts before commenting, as you are pulling me away from essential legal work.
THINK - WOULD YOU WANT THIS DONE TO YOU?
I DON'T THINK SO.

Thankyou.

CORRECTION: there are 'authorities' quoted at Wikipedia, and yes, some of them are not in line with the point being made.

HOWEVER, no person acting, as I have been, to protect their home without legal assistance, should not be put off using Wikipedia. It offers quick and easy assistance to the 'unenlightened', and you might just find it, as I have done, FAR more help than any solicitor!

[pt2537]

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

http://www.bailii.org/nie/cases/NIHC/Master/2012/9.html

There is a helpful comment within this case which the Court recognises the rights under Article 8 HRA 1998

Althought it is not dealing with s21 notices you will at least draw a crumb of comfort on the judges ruling no doubt

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

Sorry folks who would have been assisted by this.
I have to unsubscribe.
I'll never get my defence done - and that is what's important.
I also work for a living.
Yes, at this time of night, and any other time I get the chance.

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

Good luck, wont comment further

Maybe I'm missing something here.
I'm sitting here, with the very limited capacities and resources of a human being, and you bring me back from FIGHTING FOR MY HOME to say that again???????????????

[pt2537]

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

Good luck, wont comment further

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

For readers who want to fight for their own rights in future:-

1. There are no 'legal authorities' at Wikipedia.
An authority is a previous case, cited as precedent in your case.
Meaning, the court has to apply the same judgement to the same facts.

2. I did not say I had an 'automatic right to counsel'.

3. I already have the best barrister on my side, as I've said, so I don't need another, lesser one.

A little encouragement for those who are USING this thread for their own purposes:
If I see something I feel needs reporting to the forum, I report it.
Please try and READ the facts before commenting, as you are pulling me away from essential legal work.
THINK - WOULD YOU WANT THIS DONE TO YOU?
I DON'T THINK SO.

Thankyou.

[pt2537]

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

Right to a Fair Trial
So, here we have the right to counsel - generally regarded as a constituent of the right to a fair trial (a human right in the UK).

I've been offered a hearing, which Wiki tells me is...generally distinguished from a trial in that it is usually shorter and often less formal.^[1] In the course of litigation, hearings are conducted as oral arguments in support of motions, whether to resolve the case without further trial on a motion to dismiss or for summary judgment, or to decide discrete issues of law, such as the admissibility of evidence, that will determine how the trial proceeds. Limited evidence and testimony may also be presented in hearings to supplement the legal arguments.<sup>[1]

So, the hearing, I guess, is a prelim. And I'm guessing if it went to a 'trial' (my human right), it wouldn't be at the county court.</sup>

With the greatest of respect, it is not wise to rely on Wikipedia for legal authorities or legal assistance. In this case, you will not have an automatic right to counsel, it depends on the facts of your case.

The County Court can of course deal with matters involving Human rights, and it is likely in the first instance that a District or Deputy District Judge will hear the matter.

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

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

Right to a Fair Trial
So, here we have the right to counsel - generally regarded as a constituent of the right to a fair trial (a human right in the UK).

I've been offered a hearing, which Wiki tells me is...generally distinguished from a trial in that it is usually shorter and often less formal.^[1] In the course of litigation, hearings are conducted as oral arguments in support of motions, whether to resolve the case without further trial on a motion to dismiss or for summary judgment, or to decide discrete issues of law, such as the admissibility of evidence, that will determine how the trial proceeds. Limited evidence and testimony may also be presented in hearings to supplement the legal arguments.<sup>[1]

So, the hearing, I guess, is a prelim. And I'm guessing if it went to a 'trial' (my human right), it wouldn't be at the county court.</sup>

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

Sorry ChristianPassy that was a specific response to Flaming Parrot's post re HB with absolutely no disrespect intended to you, your plight or indeed to Flaming Parrot. Apologies to both if offence caused.

No offence, thanks for the apology, please leave thread to me if you wouldn't mind - this is potentially a landmark case to my knowledge. No advice needed of this kind - thanks.

P.S. I wouldn't have had the guts to apologise like that myself, you're a corker.