Private tenants can use human rights to prevent s21 eviction

[Guest]

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

Evening FP!

One of the reasons that HB is difficult for landlords is to do with insurance (sometimes HB is specifically excluded). This can sometimes be resolved by direct and honest communication between all parties! Many landlords actually prefer HB as it can mean that the rent (or the proportion supplied by HB) will be paid on time. As the landlord would usually have to provide info for the tenant to get the HB and it is often sent directly to the landlord it might not be feasible to follow the above route.

IMHO the landlord/tenant relationship doesn't have to be one of conflict - both sides (ideally) want a quiet life, a secure, well-kept property and a fair rent - that elusive win-win relationship.

:behindsofa: FMx

Just to clarify for other readers, none of this apply to this case, which is about an ABUSIVE landlord-agent-tenant relationship of nearly 3 years, the right to evict for NO REASON, the incompatibility of that law with HUMAN RIGHTS, in an unprecedented case in private tenancies. This case, or any other similar case, COULD change the law that gives that 'right' to evict for no reason, via a declaration of incompatibility.

[Guest]

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

Tuttsi:
No - they're experts in consumer credit.
Maybe for my Welcome Case.

[PlanB]

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.
P.S. I have the best barrister bar "NONE" offering to help me. No solicitor to link me to him.

Maybe you should be seeking an adjournment of the hearing (not an indefinite 'stay') until you have your Legal Aid granted "in the interests of justice". If you have proof that you've made your public funding application and it's been acknowledged by the LSC you could ask the other side's solicitors (on the assumption that they have instructed a firm otherwise ask the Claimant direct) in writing/email (so you have a paper trail for the court) if they will agree to an adjournment, and tell them that if they don't agree voluntarily you will be making application to the court for an order for this and you will also be seeking your legal costs to be paid if the Claimant is deemed to have been unreasonable in not agreeing to your request.

You can also ask for an adjournment at the hearing but that's leaving it a bit late and DJs often get cross and refuse because they've read the background to the case over breakfast and want to get on with it.

If you've got a barrister to represent you he/she should be able to help you with this next step. Did you get counsel through the BPBU because they're usually very fired up to win and will explain everything you need to know about the paperwork for applications etc.

A lot will depend on the finances involved in this case - you've not said how much the arrears are and whether they are increasing daily from non-payment of your rent at the moment. The court must be seen to be unbiased and if the Landlord could go bankrupt, or the property repossessed by a lender (if it has a mortgage on it) because he/she is losing money from your non-payment of rent and those arrears then the court may take a negative view on any further delay so as not to prejudice the Claimant.

[Guest]

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

Maybe you should be seeking an adjournment of the hearing (not an indefinite 'stay') until you have your Legal Aid granted "in the interests of justice". If you have proof that you've made your public funding application and it's been acknowledged by the LSC you could ask the other side's solicitors (on the assumption that they have instructed a firm otherwise ask the Claimant direct) in writing/email (so you have a paper trail for the court) if they will agree to an adjournment, and tell them that if they don't you will be making application to the court for an order for this and you will also be seeking your legal costs to be paid if the Claimant is deemed to have been unreasonable in not agreeing to your request.

You can also ask for an adjournment at the hearing but that's leaving it a bit late and DJs often get cross and refuse because they've read the background to the case over breakfast and want to get on with it.

If you've got a barrister to represent you he/she should be able to help you with this next step. Did you get counsel through the BPBU because they're usually very fired up to win and will explain everything you need to know about the paperwork for applications etc.

A lot will depend on the finances involved in this case - you've not said how much the arrears are and whether they are increasing daily from non-payment of your rent at the moment. The court must be seen to be unbiased and if the Landlord could go bankrupt, or the property repossessed by a lender (if it has a mortgage on it) because he/she is losing money from your non-payment of rent and those arrears then the court may take a negative view on any further delay so as not to prejudice the Claimant.

1. I already asked for:-
(a) an adjournment, by e-mail, before Xmas
(b) an order of MAXIMUM EXTENSION OF TIME on APPLICATION NOTICE on 2nd Jan 13 - ?
I'm seriously not sure if they've even read it? Hearing was set in 15 days from receipt of notice today.
Thanks for your route.

2. No, nothing to do with the BPBU.

3. As I said above, full rent is being paid. Rent was withheld for serial breaches of contract and harassment over 2.25 years. As you may be aware, tenants have NO ENFORCEABLE RIGHTS to sue landlords, because of the risk of retaliatory eviction. That is what the whole case is about.

4. Hopping over to CLS, but subscribed to this thread.

5. No legal aid housing solicitors in the area, and those nearest (next towns) wouldn't take it, due to my learning of defence at last minute - same day possession awarded. Also thanks to Shelter and First stop telling me there was no defence (actually, my bullet-point defence is 7 pages - technical and public law grounds).

Please, readers, do not bombard me with irrelevant points. Only one pair of hands here!

[TUTTSI]

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

You could always speak to them hun, they may have a suggestion.

Tuttsi:
No - they're experts in consumer credit.
Maybe for my Welcome Case.

[Guest]

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

No offence, but unless you're highly experienced in the matters presented, could you please stay off this thread? I am a LIP in danger of LOSING HER HOME and not in need of time wasting, not really.

Thanks.

[MissFM]

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

Just to clarify for other readers, none of this apply to this case, which is about an ABUSIVE landlord-agent-tenant relationship of nearly 3 years, the right to evict for NO REASON, the incompatibility of that law with HUMAN RIGHTS, in an unprecedented case in private tenancies. This case, or any other similar case, COULD change the law that gives that 'right' to evict for no reason, via a declaration of incompatibility.

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.

[Guest]

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.

[Guest]

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>

[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

[Guest]

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

Good luck, wont comment further

[Guest]

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???????????????

[Guest]

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.

[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