Private tenants can use human rights to prevent s21 eviction

Further to my post here asking for help with defending possession proceedings:

PRIVATE TENANTS CAN NOW ARGUE ARTICLE 8 OF HUMAN RIGHTS ACT 1998 IN S21 POSSESSION PROCEEDINGS, WHERE THERE HAS PREVIOUSLY BEEN NO LAWFUL DEFENCE.

It has been my experience that Housing Workers and Shelter are NOT AWARE of this defence, and advise that there is none, despite precedents being set in 'Manchester City Council v Pinnock' in 2010, and 'Hounslow v Powell' in 2011.

Because of those cases, a county court now MUST hear a public law (= human rights defence) based on article 8 'right to respect for private and family life' - including home, work, correspondence, relationship and development of personality. The court must only hear the defence if it is 'seriously arguable' and raised by the tenant.

I have asked for adjournment to allow time for an amended defence in my s21 proceedings. So far I had only succeeded in gaining an exceptional hardship hearing for 15 minutes in 13 days from receiving notice from court. That hearing would allow up to an extra 6 weeks only, before I could be forcible evicted from my home.

Note, a public authority, such as a court, has a positive responsibility to protect an individual from interference with their home, even if it is caused by an individual. (In my case, this is the same court who have awarded a possession order).

An individual who is the victim of a public authority, such as a court, acting in a way that breaches their human rights, can take that authority (court) to court, under s7 of the Human Rights Act 1998.

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.

[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.

[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

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.

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.

[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?

[Hurricane Puffrose]

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

Tbh there is no case from what I can see.
The human rights argument is not going to wash, and to be told I am not being serious when I have asked a fully trained barrister on your behalf, I now owe my cousin a meal, is quite frankly downright rude.

Why ask for help if you discard it out of hand, I simply do not understand it!

I can assure you that you enquiry has been treated with total seriousness, you talk about respect and yet treat people with contempt when you receive an answer.

Unfortunatly you will not get the answer you want, as none of us wish to lie to you or see you waste money on a lost cause.

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

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.

Hello CP,

I apologise for being late to the interesting discussion going on here, and I won't be contributing much. However, as I understand it, you are intending to bring a private prosecution under the Consumer Protection from Unfair Trading Regulations 2008.

Please would you allow me to save you some money? A private individual cannot bring a prosecution under CPUTR 2008. Action utilising this piece of legislation can only be brought by local authorities, the Office of Fair Trading or similar enforcement authorities. Sadly these do not include individuals.

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

If anyone's serious about helping in this case, please let me know by private message.

I can see a public consumer forum isn't always the best place.

I don't think LB approves of help by private message,,preferred method is open forum,less chance of mis-interpretation.

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

If anyone's serious about helping in this case, please let me know by private message.
I can see a public consumer forum isn't always the best place.
I will not be using this thread further.
Feel free to criticise.
No-one here is looking any longer.

[MissFM]

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

Christian Passy

You have been offered very good advice on this site. People of huge experience and intelligence have taken time and put in enormous effort to try to help you.

The advice you are receiving now is clearly not what you want to hear but it is sound.

It is very upsetting that you are choosing to insult those who have given their time and expertise to try to help you. Maybe that has meant telling you that you are fighting a lost cause but it is genuine, informed advice, even if it does conflict with your own opinion. You should appreciate the need to see the other side of things as will be presented should you continue with this , frankly, suicidal court action. The choice is yours - but please don't greet attempts to help you with insults and abuse .

with best wishes

FM

[Hurricane Puffrose]

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

To the best of her knowledge, no claim has ever been made of a breach of human rights with eviction that did not include one of the following:
a threat to life (domestic violence)
a imminent birth
chdren involved.

Whilst she agrees respect is a basic human right this will have no bearing on an eviction claim, especially if the landlord is selling his property.

I have brought up the issue of the repairs not being done, to her mind your best course would be to have the work done and bring a claim for the cost, as withholding rent can be a reason for eviction, and for not doing the work!!

[Hurricane Puffrose]

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

In an effort to get the thread back on track, I will pick my cousin's brain.
She is a qualified barrister in the Temple London.
I will see what she says regarding the whole Human Right defence.
Please note, I will NOT change her opinion in the hope of saving your feelings, I respect my cousin too much, nor will I divulge her name as this had no bearing on the legality of your claim
p

[alham]

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

I'm not joining in abuse, so won't be replying to any more posts offensive to me.
You're only abusing yourselves.

Sorry for being dim but am I missing something?