Private tenants can use human rights to prevent s21 eviction

[IanM]

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

ChristianPassy,

I have spent almost an hour reading your thread and am afraid you are fighting a losing battle against your landlord and to be honest, as i always am, i am not surprised he wants to evict you using any excuse he can if you speak to him and his agents in the same way you do to the members of the forum that have tried to offer you advice.

You are trying to get a landmark ruling on something that was decided long, long ago, the owner has the right to decide what he wants to do with his property regardless of what the tenant wants. If the landlord wants to end a tenancy agreement, for whatever reason, then a period of notice is issued and the tenant finds somewhere else to live.

If you had legitimate concerns about the condition of the property that were not being dealt with at the time then you could have excercised your right to complain to your local environmental health department which would have resulted in them inspecting the property and advising the landlord to carry out any necessary repairs within a reasonable period of time, especially so if you were claiming housing benefit at the time.

It may well be the case that you have to throw in the towel and find somewhere else to live as soon as possible before you truly do end up out of pocket and out in the cold.

Are you sure there aren't any other issues between you and the landlord?

[Guest]

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

If you're a private tenant, and facing retaliatory and unlawful eviction like me
Try G T Stewart solicitors in London - here

To quote from that page:
"In his article, Dirghayu discusses how the Human Rights Act and in particular Article 8 could be used to enforce the tenant’s rights. He was successful in obtaining redress for a tenant in this situation last year when the landlord agreed a sizeable sum in damages to the tenant"

As I said, abusers of all kinds are on notice.

[Hurricane Puffrose]

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

I have done everything I can for you Ms Passey.
I have contacted a real life qualified barrister on your behalf, who says that there have been no breach of human rights if the landlord is selling the property, and that by with-holding rent you have basically given him the right to evict you. Now you accuse us of abusing you???

I really fail to see what it is you want from the Forum except the truth, which is if you want to waste your money on a case that simply will not wash, go ahead! You have been told now by several members of this forum the identical thing, and yet we are called billigerant and abusive and accuse us of not taking you seriously??

I can make this any clearer,if the landlord proposes to sell the property.. there is no breach of human rights.

[FlamingParrot]

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

I have done everything I can for you Ms Passey.
I have contacted a real life qualified barrister on your behalf, who says that there have been no breach of human rights if the landlord is selling the property, and that by with-holding rent you have basically given him the right to evict you. Now you accuse us of abusing you???

I really fail to see what it is you want from the Forum except the truth, which is if you want to waste your money on a case that simply will not wash, go ahead! You have been told now by several members of this forum the identical thing, and yet we are called billigerant and abusive and accuse us of not taking you seriously??

I can make this any clearer,if the landlord proposes to sell the property.. there is no breach of human rights.

If the landlord wasn't allowed to sell to anyone other than an investor then he could be waiting a long time. We don't know why they wish to sell the property, perhaps they are short of funds, in which case they could just stop paying the mortgage and let the property be repossessed, also resulting in eviction!

We have the right to a roof over our heads but not a specific roof. If you can't pay the rent there's HB, that satisfies the basic right to a home, but it doesn't have to be the one you are renting now.

[Hurricane Puffrose]

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

exactly!

My cousin has stated that if there is an issue with the maintainance of the house, as in Ms Passey's case, then the first course of action is a complaint to the Landlord, then the agent, and then if that fails, the Environmental Health if appropriate.

If that does not provide the required result, then she should get a private contractor to carry out the work and bill the landlord, going to small claims if required.

To simply withhold the rent on a property is breaching the terms of the agreement she signed, therefore allowing the landlord to evict her.

To claim Human Rights breaches in this case is simply a waste of money in both mine and my cousin's opinions.

The absence of a For Sale sign means nothing unfortunatly, as you have no proof this was not removed unlawfully, and the landlord is not legally obliged to use an estate agent to sell his house.

[Guest]

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

Thankyou
A public 'thanks' to the one who messaged me multiple times with serious points.
I am no longer reading the board; those posting are talking among themselves, only.