Private tenants can use human rights to prevent s21 eviction

[wales01man]

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

Im not a landlord but agree with communication being a good idea if people talked to each other more many disputes would not happen.Doesnt the vodka and orange spill out in your pocket?
Sorry its my sense of humour

[PlanB]

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

I'm a great supporter of Human Rights but it's a two-way street in law. I feel the OP has an uphill struggle with this case because there would be wider implications if an Appeal court ruled that every tenant had the right to stay in a property once their fixed term tenancy agreement expired. It makes nonsense of having a contract with an end date in the first place. Would this also mean that every person who buys a flat would have the Human Right to stay there after their lease expires? It would be a very brave judge who opened that can of worms.
eep:

[FlamingParrot]

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

I'm a great supporter of Human Rights but it's a two-way street in law. I feel the OP has an uphill struggle with this case because there would be wider implications if an Appeal court ruled that every tenant had the right to stay in a property once their fixed term tenancy agreement expired. It makes nonsense of having a contract with an end date in the first place. Would this also mean that every person who buys a flat would have the Human Right to stay there after their lease expires? It would be a very brave judge who opened that can of worms.
eep:

Unfortunately, if this was to happen, it would be bad not just for landlords but also for prospective tenants. When it's taken a step too far, legislation intended to protect a certain group of people often backfires and ends up hurting that very same group. For example in Spain, tenancy agreements had to be for 5 years and it was very hard to evict people when they didn't pay: the process took 6 months or more and the landlord wasn't able to recover the unpaid rent over that period. Sounds like tenant heaven, but it only made it harder for tenants to find a place to rent. Landlords and agents were asking for payslips as proof of income (which made it hard for the self-employed, etc.) as well as deposits of up to 6 months. Many potential landlords decided to keep their properties empty rather than letting them out. Things may have changed by now -this was around 8 years ago- but shows how what, on the surface, would appear as a triumph for the tenant would have much wider long-term implications.

[FlamingParrot]

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

Is it because Plan B has been very helpful to the OP, or because she is a landlady? :biggrin1: eep:

[FlamingParrot]

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.

This is not a matter for the court, your landlord is free to sell the property to whoever makes a suitable offer and is able to proceed swiftly. When properties are advertised as suitable for investors only, this is because there are tenants who are still within the period stipulated on their tenancy agreement and cannot be evicted before the end of that term. As with any other restriction, this limits the vendor's options, why would any landlord agree to such stipulation? And why would the court order that he should only sell to another investor?

Sounds like it's time to move on, unless Plan B wishes to purchase your landlord's property! :lol: :lol: :lol:

[Guest]

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

Update
I have decided to fight my human right to respect in this case.
On the way to court this morning, I was served with a warrant dated March 1st.
I then received an e-mail from agent responding to my complaint, outstanding since December 2010.
The agent again offered repairs in return for arrears of rent.
They did not address the fact that the complaint is of disrepairs starting on day 1.

I then was forced to pay for a taxi (instead of catching bus) to the court due to these two interruptions.
I submitted my tape transcript request and N244 asking for more time.
I also asked for stay of possession order, and stay of (any) warrant.
I also asked for a public and fair trial as is my right under the Human Rights Act 1998.
This trial must be with an independent and impartial tribunal.

I read quickly through the many comments on this thread, unexpectedly displayed today.
Firstly, there is no proof the landlord wants to sell.
The only proof would be a for sale sign outside.
The buyer I found last November said he wanted to evict me, do repairs, and put another tenant in.
Secondly, there are no rent arrears.
Rent was withheld for breach of contract, all part of my constructive eviction.

I warned landlord and tenant several days ago I will bring a money claim if they again refused to resolve my complaint.
The repair issues sent several days ago were drawn up in a bar chart, covering 32 months of tenancy.
When I called the 'director' of the agency today, he kept insisting the chart was only about current repairs.
This was after I called the property manager, who deferred to director.
I recorded the call, which on his part was nonsensical, as are their e-mails in 'response' to complaints.
I have also now warned the agent I am considering making a complaint to court about them.
The complaint could have criminal implications.
This complaint will be under the Consumer Protection from Unfair Trading Regulations 2008.
It will include inducing me to make a home in the property, then serially disrespecting, threatening and attempting to destroy that home.
It will include the 6-month 'exploding' cooker ring saga, the 10-month denial of heating to 23 sq m wooden-floored area in the freezing weeks of winter 2012, when the mortality rate raised by 20%, and all the other acts to undermine my "home".

Let it not be forgotten that the people of this country have a LEGALLY ENFORCEABLE RIGHT TO - "RESPECT" - FOR THEIR - "HOMES".

Despite the many postings here, ownership rights do NOT completely override that right.
Just as the right to respect does not completely override ownership rights.
They must be balanced, even though this has thus far been denied private tenants.
The DJ in my case made more than one show of not agreeing with this denial of private tenants' right to respect.

If anyone doubts the strength of my convictions, listen up:
You have all helped me by writing the 'opposing forces' - to fight back harder.

And thankyou.

Have a great evening, everyone.
And remember - we private tenants have a - "RIGHT" - to - "RESPECT" (also reminding myself).
:tinysmile_aha_t::beagle:

I have no doubt whatsoever the court will uphold it.
After all, the court is part of a justice system.
That's what it's there for.

No, I didn't say the landlord should be forced to sell to a local landlord.
TO ATTEMPT TO DO SO WOULD BE -

RESPECT.

Something inherent in all natural human beings - is it not?

[Guest]

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

Oh, and I doubt I'll be using any lawyers.
The ides of "respect" isn't THAT complicated, is it?

Just to send me on that way, the senior housing clerk of Garden Court Chambers just rang me.
When I answered with my name, he slammed the phone down.
This is the firm of Jan Luba, QC - the leading housing barrister in England.

No, I'll take my own case...

[Inca]

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

msl:

[Guest]

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

Human Rights Act 1998
This act allows disrespect for a person's home if it is in the 'economic well-being of the country'.

I currently have several creditors, some of whom are threatening various actions against me.
I can't help them due to having no home, anywhere.

Is s21 Housing Act 1988, then, as act of disrespect, in the 'economic well-being of the country'?

One of my creditors is MKRR - originally Welcome Finance.
Welcome Finance paid themselves £1000-odd secret commission to sell me 5 unnecessary insurances with car.
They said they were essential (untrue).
They wouldn't even cover my payments when I was bed-ridden for 3 months with illness. Yes, sickness cover.
They cancelled it when I was ill in bed, and forged my signature on the documents.
FOS have just dismissed my complaint against MKRR.
I can't pursue the matter in court because I have no home, anywhere.

Is s21 Housing Act 1988, then, as act of disrespect, in the 'economic well-being of the country'?

Another of my creditors is HM the Queen.
I can't pay her, either because I have no home, anywhere.

Is s21 Housing Act 1988, then, as act of disrespect, in the 'economic well-being of the country'?

[Inca]

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

It's not your house,,it's his,,he wants you out (can't think why?)..and eventually out is where you will be.You seem a very determined person,,why not use that determination to find another place? Lifes too short ,,and you are going to be homeless in the very near future.

[Guest]

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

It's not your house,,it's his,,he wants you out (can't think why?)..and eventually out is where you will be.You seem a very determined person,,why not use that determination to find another place? Lifes too short ,,and you are going to be homeless in the very near future.

Thankyou, your remark is motivating me to pursue the offences my landlord's agent have (and therefore he has) committed under the Consumer Protection from Unfair Trading Regulations 2008.

Yes, there are plenty in there......it's quite clear.
Maybe we need a private prosecution.
Because God knows, no-one seems to understand the situation of private tenants.
They have no home, anywhere.
This is not reasonable.

Oh, by the way - where did I say it was my house?
I merely said I had a right to respect for my home.
It's in article 8 of the Human Rights Act 1998, and legally enforceable.
My home is situate in the landlord's property.
It is a financial, psychological and social asset necessary to basic survival of a human being.

You're belligerent, Inca, with all due respect.
(bel·lig·er·ent (b -l j r- nt). adj. 1. Inclined or eager to fight; hostile or aggressive. 2. Of, pertaining to, or engaged in warfare. n. One that is hostile or aggressive, ...)

If you want to say something constructive, please do so.
I can't guarantee to reply, as I'm working this evening, but you may feel better for it.
As you treat me, you treat yourself - it's a law of mind.
It's you problem, really, not mine.

[Guest]

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

Private Prosecution
My further thoughts are I need to bring a private prosecution against the landlord and his agents.

My, that could send a message to this world, and its treatment of private tenants.

Enough already.

[MissFM]

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

With the utmost respect, CP, whether Inca is belligerent or not she is actually trying to help you here by injecting some common sense. When we are under threat and feel cornered that is often the first thing that goes out of the window, as many of us know to our cost. There is little point in you putting all your hopes and energy into something that you have no prospect at all of winning.

[Inca]

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

I saw it MissFM,,and thankyou ,,however,,the OP is way out of my stratosphere of understanding so I'm retiring gratefully from this thread ...lol

[Guest]

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

Private prosecution
I will be serving the county court with an N161 form tommorrow to seek permission to appeal the possession order.
The court clerk informed me today I should have done this before applying for the transcript.
I will also be informing the court that I will be applying to bring a private prosecution of the landlord and agent within the next eight weeks approx, to be within the 3 year time limit.

Criminal non-feasance by a landlord and agent would undoubtedly engage article 8.

So, yes, I'm a human being with right to respect, like any other private tenant.

And I am bringing a private prosecution of landlord and agent.

If any of you disagree with this, I'm sorry, but even private tenants have equal rights to being private prosecutions.

Landlords and agents, beware.

I said at the beginning - I'm not taking it any more.
And you can trust and believe, my actions WILL affect everyone else.

If you all want some entertainment, beware: the smile may yet be wiped off YOUR faces, not mine.