Private tenants can use human rights to prevent s21 eviction

[Guest]

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.

[Guest]

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.

[Guest]

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.

[Guest]

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?

[Guest]

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.

[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

[Guest]

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...............

[Guest]

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

Error

[Guest]

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.

[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

[Inca]

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

[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

[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

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

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: