Private tenants can use human rights to prevent s21 eviction

[PlanB]

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

A hearing has now been set for 23rd January 2013.

You can bet I'll be letting you know. Enough of this 'right' to evict for no reason - and courts 'forgetting' tenants' human right to a hearing - here it ends!

I'm keeping my fingers crossed for you on 23rd January. Will you be making the DJ aware of this Supreme Court Case which embraced Article 8 which he should respect and not ignore : http://www.bailii.org/uk/cases/UKSC/2011/8.html

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.

I presume you're a LIP so when you get to the court on 23rd ask to see the Duty Solicitor who can be your advocate at the hearing. It's a free service provided by most County Courts. DJs like talking to lawyers more than they like talking to LIPs. 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:

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

Good luck with this and let us know how you get on please?

Hi Tuttsi,
Thanks for that comment, which I just found today. A hearing has now been set for 23rd January 2013.

You can bet I'll be letting you know. Enough of this 'right' to evict for no reason - and courts 'forgetting' tenants' human right to a hearing - here it ends!

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

Good luck with this and let us know how you get on please?

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

I was awarded 4 weeks' extension for exceptional hardship.
I have spent that entire time writing an amended defence.
This will be submitted tommorrow.

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

Referring to the last post (#2), the court denied adjournment and mediation.

Yesterday (12/12/12), I attended a hardship hearing.
This can at best delay eviction by up to 6 weeks, and the bar in my area is exceptionally high.
I was awarded an extra 4 weeks.
Possession date was postponed from 14/12/12 to 09/01/13.

I was advised by the judge on how to proceed with an amended defence.
He said I should do this in the 7 days following the hearing.
I now have 6 days, having spent much of today applying for discretionary payment of housing benefit.

I have written to several appropriate solicitor firms asking for help.

There is no precedent of human rights quashing s21 ownership rights in the UK courts.
There is, however, a case on 15/16th Jan 2013, which could change everything.

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

To:
xxxxxxxxxxxxxx County Court
xxxxxxxxxxxxx
xxxxxxxxxx
xxxxxxxxxxx
xxxxxxxxxxxxx xxx xxx

3^rd December 2012

Dear Sirs,
Case no xxxxxxxx
xx xxxxxx xxxxxxx – Claimant
xxxx x xxxxx – Defendant

Thankyou for your communication which arrived on x xxxxxxxx awarding possession as of ^xxth xxxxxxxx 2012, and hearing for xx^th xxxxxxxxx 2012.

This response has been written without legal advice or assistance or any kind and as such I hope it offends no court procedure or understanding. I would ask the judge to take my use of the law in spirit rather than otherwise, despite my perhaps unusual level of understanding.

I draw attention to the fact that section 21 notices have been tried at the European Court of Human Rights and that action failed, and that scant attention has been paid to the counter force of the Human Rights Act 1998. I understand this Act to encode the treating of a person with respect and dignity into enforceable law.

In particular, public authorities (such as xxxxxxxxxxx and xxxxxxxxxx xxxxx xxxxx) have a positive responsibility to protect an individual from interference with his private and family life, home, work, correspondence, relationship and development of personality, even if that home, etc is being interfered with by an individual.

Request for Adjournment and Mediation

1. The landlord and court seek to remove me forcibly from my home within weeks of xx/xx/xx.
2. This is an act of contempt (lack of respect) on my person and I believe it to violate my human rights in articles (Part I): 3 (degrading treatment), 5 (right to liberty and security of person), 6 (right to a fair trial), 7 (no punishment without law), 8 (right to respect for private and family life) and (Part II): 1 (right to peaceful enjoyment of possessions).
3. Furthermore, this is not a time of war or other public emergency (article 15).
4. My home has been resident in the property for 2.5 years and I believe this commands respect.
5. I therefore wish to bring a public law defence to the proceedings, in an amended defence.
6. As a tenant, the (county) court is, to my belief, obliged to hear my public law defence.
7. The precedents in this type of defence were set in Manchester City Council v. Pinnock in 2010 and Hounslow v. Powell in 2011. The right to use public law defence under article 8 was extended then to private tenancies.
   
   The following points 8-11 are an attempt to describe how the landlord and agent's procedures have made it almost impossible for me to know what to do, or seek right of address, since start of tenancy, but more so since xxxx 2012 notices.
   
8. Although the claimant issued notices in xxxx, he did not give a definitive position on whether he wished to take possession, or continue tenancy for so-called 'rent arrears', until 28/11/12, and on that day decided he did not wish to continue tenancy, after being informed of my involving the council, Shelter and press. Please see e-mail correspondence sent after this e-mail.
9. Prior to this, claimant issued Sxx (x) (x) notice on xx/x/xx and Sx notice (grounds x, xx and xx) on xx/xx/xx. I warned him of counterclaim to Sx notice. He sent unsolicited and confusing correspondence essentially offering repairs in return for payment of 'rent arrears', without stating an intention to continue tenancy in writing.
10. Rent had been withheld before moving out when I was constructively evicted in xxxx/xxxx 2012 after yet another refusal to repair, and an accusation that I had done malicious damage. I then noticed I had a serious complaint of repair and reputational injury issues still unanswered, dating back to xxxxxxxx xxxx. The claimant's agent had persistently (4 times I believe) completely ignored e-mail complaints, despite responding to other e-mails. The complaint was re-written on xx^th xxxxxxxxx at agent's request, and once again, completely ignored. Complaining to the agent was likely to be my only hope of redress, as court action would almost certainly bring retaliatory eviction (I understood, until xx/xx/xx, there to be no defence to possession proceedings). The situation had become so unpleasant and incomprehensible as to cause me to move. But I found nowhere to go. My circumstances are difficult: self-employed, work-at-home xxxxxxxxxxx and xxxxxx (profession) (www.xxxxxxxxxxxxxxxxx), housing benefit. I also needed to sell furniture, which I still have not been able to do, having no final answer till 5 days ago. I also presumably have no reference. It made it harder to move than ever when claimant contacted council to get housing benefit paid direct. Since it is paid on a 4-week cycle, the task of moving, at this point, became almost impossible.
11. Agent then asked for payment schedule for 'arrears' and I offered £xxx per week under circumstantial duress. Sx notice had already forced me to reduce 'rent arrears' below x weeks and issuing of notices under two different sections (x and xx) made it even more confusing. At no point did the landlord state he wanted either possession, or continuation. Yet on xx/xx he stated I had had numerous chances to pay the so-called 'arrears'. I had had reason to believe the landlord might be asking for 'arrears' and not continuing the tenancy, because when I moved into the property, I had been tricked. It had not been prepared for my tenancy, and numerous repairs involving essential services (hot water, heating to half land area and cooker, as well as other repairs) became necessary.
    
    The following points 12-14 attempt to describe why I am bringing defence at such a late stage, particularly when first notice was sent xx/x/xx.
12. After hearing landlord did not wish to continue tenancy, I called court same day, xx/xx/xx, to see if there was a result. I was informed by xxxxxxx papers had been sent back with none, and sent back up to judge that day. xxxxxxx then told me I could enter an 'amended defence'.
13. Prior to this date, I was advised forcibly, and repeatedly, despite discussion, by xxxxx xxxxxxx, Housing Advisor at xxxxx xxxx xxxxxxxxxx (govt advisory body for housing), and xxxxxx xxxxx, senior Shelter advisor who helped me on legal help, as well as Shelter helpline (another senior advisor) that there was “no defence”. I had never heard of an amended defence.
14. Shortly after midnight on xx/xx/xx I learnt online that I could bring a public law defence.
    
    The following points describe further developments and argument.
15. I spent xx/xx/xx – x/xx/xxagain in servitude to my landlord (a breach of article 4, HRA 1998) researching said defence, in order to protect my home (the threat to which I see as a breach of article 8).
16. My Shelter advisor resigned when asked for help with amended defence, on xx/xx/xx, on 'professional grounds'. This is because I had commenced amended defence – even though I had written the first one myself, as the court can see. I thus have no advisor.
17. On x/xx/xx I received possession order and hearing date from yourselves. As I understand it the 15-minute hearing could at best delay forcible eviction by 6 weeks.
18. Realising successful defence of Sxx proceedings has perhaps never been achieved, I contacted firm of xxx xxxx, xx, who won the two leading cases where precedents were set on grounds of article 8 (please see point 7). Since these are the only successful instances of grounds 8 defence, I believe, xx xxxx is the only person qualified to help.
19. Today, Monday x/xx/xx, I was asked by xx xxxx'x firm (xxxxxx xxxxx xxxxxxxx) to instruct solicitor. I have done so but await reply. I also contacted a local solicitor, but was informed there was no-one in xxxxxxxxxx who could help. Please see e-mail to follow.
    
    Request for adjournment.
20. Following helpful discussion with xxxx xxxxx and xxxxxxx of the court today, will you please adjourn proceedings, therefore, until I have had adequate time and advice to prepare a defence, and also allow for the schedule of perhaps a busy xx if I am able to retain his services?
    
    (a) I am being held in servitude by the actions of claimant, and the complexities of the law, and my utilities are in arrears. I must, after 6 days now of preparing amended defence, ask to be allowed to return to my usual work for personal survival.

(b) I believe the proper preparation of a public law defence to be in the public interest.

(c) I believe this to be justified on the amount of evidence, my own robustness as defendant, and my IQ (148 as tested by Mensa. Result available).

(d) In terms of the court's need to assess whether I have a “seriously arguable” defence, this this would involve article 8, and if allowed procedurally, up to 11 other articles; offences under Harassment Act 1997 S1; Protection from Eviction Act 1977 S1 (1), (2), (3), (3a) and (6), in connivance; Housing Act S(12) and (29); consumer Protection from Unfair Trading Regulations 2008 Part 3 offences (8), (9), (10), (11), (12) and (15), in connivance and, contributing to these offences, refusal of Data Protection Act 1998 S7 request. There are also complex issues involving status of tenancy when document was signed under circumstantial (no options) and direct, interpersonal duress, and also complex issues with deposit protection.

(e) Writing as I am under duress (threat of physical eviction), some illness, lack of legal advice and in hurried circumstances, I may have made errors. Nevertheless, the reasons for my statements remain the same, and can be proven.

Request for mediation.

21. I would ask the court to offer mediation between myself and claimant with regard to what claimant would perhaps see as delay and attendant rent arrears, and what I would see as necessary time to prepare for defence after constructive eviction with no effective legal or other redress to serious complaint, as well as new issue of public law defence. I would point to claimant's switch from Sx notice, to accelerated hearing with no money claim at present. I ask for this mediation to be offered whist public law defence is being prepared.

Yours cordially, and with respect and gratitude for the court,

xxxxxxxxx xxxxx (xxxx)

xxxx x x xxxxx (Defendant)