Private tenants can use human rights to prevent s21 (Pt 2)

[Guest]

OK, I think my last thread must've been locked because I wrote to admin, concerned I was misleading others that they could succeed at this.

However, it's clear the assured shorthold tenancy is a human rights issue, so here we go.

My case is being assessed Monday hopefully by a lawyer.

Meantime, I submitted N244s asking for transcripts, only to be told by court clerk I should have asked permission to appeal on N161 first.

[pt2537]

Re: Private tenants can use human rights to prevent s21 (Pt 2)

OK, I think my last thread must've been locked because I wrote to admin, concerned I was misleading others that they could succeed at this.

However, it's clear the assured shorthold tenancy is a human rights issue, so here we go.

My case is being assessed Monday hopefully by a lawyer.

Meantime, I submitted N244s asking for transcripts, only to be told by court clerk I should have asked permission to appeal on N161 first.

No , the form is EX107 for the transcript.

The N244 would be to seek an extension of time for filing the N161.

The Court can where there is a good reason, such as not having the transcript of the judgment so as to be unable to produce grounds of appeal, the Court can grant an extension on the 21 days to file the appeal notice. This protects you from Appealling out of time.

That is the correct route to take.

[Guest]

Re: Private tenants can use human rights to prevent s21 (Pt 2)

No , the form is EX107 for the transcript.

The N244 would be to seek an extension of time for filing the N161.

The Court can where there is a good reason, such as not having the transcript of the judgment so as to be unable to produce grounds of appeal, the Court can grant an extension on the 21 days to file the appeal notice. This protects you from Appealling out of time.

That is the correct route to take.

YES

I did follow your advice, pt, so I think we're OK.
Court clerk v pt...hmmm....I go with pt on this occasion.
Anyway, given the size of N161......AH HA!!!!

Also asked for ext of time for lawyer, and protective costs order.
Oh, and EX105 on your advice - that's request for transcript to be paid at public cost.
I asked for both full hearings.
It is in the public interest.
Let's face it, the assured shorthold tenancy provides NO tenure - this is not acceptable.
Some good friends on here - thanks. :27:You pop up when I need you.

[Guest]

Re: Private tenants can use human rights to prevent s21 (Pt 2)

Challenging the AST, actions of police and letting agents
I have asked a legal firm to look into:-
- challenging actions taken under AST as breaching art 17 (no right to aim to limit another's human rights)
- police saying they will uphold a court order when warned it contravenes my human rights (long before warrant granted)
- negligence of letting agent and landlord leading directly to threat of street homelessness

The firm specialises in public law, human rights, landlord-tenant and police issues, on legal aid.

[Guest]

Re: Private tenants can use human rights to prevent s21 (Pt 2)

Challenging the court with the Magna Carta 1297 (29. still in force)
"29. NO Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the land. We will sell* to no man, we will not deny or defer to any man either Justice or Right"

*The price was £175. The court sold my home and outlawed me for this amount.

Challenging the court with discrimination under article 14
The judge was unable to explain how a centre of justice could discriminate between types of tenants.
That is, so far, human right to respect for the home has only been allowed in social housing cases.
This classifies private tenants as not human <cough>

Examining the court's use of precedent
The judge quoted a precedent which he said meant article 8 doesn't engage in private tenancies.
Unless that case involves the same facts as mine, does it mean that article 8 does not engage in my case, either - simply because both involve private tenancies?
(Waiting on transcript to see which story it was, exactly)

[Guest]

Re: Private tenants can use human rights to prevent s21 (Pt 2)

Judgement on article 8 in private tenancies pending on 14th February 2013
The Court of Appeal will be delivering judgement on the Heathrow Squatters case on Thursday this week.

These debates over land use have huge implications for the homeless.

[PlanB]

Re: Private tenants can use human rights to prevent s21 (Pt 2)

I have asked a legal firm to look into:-
- challenging actions taken under AST as breaching art 17 (no right to aim to limit another's human rights)
- police saying they will uphold a court order when warned it contravenes my human rights (long before warrant granted)
- negligence of letting agent and landlord leading directly to threat of street homelessness

The firm specialises in public law, human rights, landlord-tenant and police issues, on legal aid.

I'm pleased to see you've an appointment tomorrow with a law firm to assess your case which may lead to Legal Aid subject to the merits of the case (I think you already pass the mean's test). This will make all the difference since lawyers know what will wash in court and what won't however important we may think an issue is. They apply the law to the facts and leave out the emotion.

Didn't I read somewhere in your other thread that your Landlord doesn't have legal representation and failed to turn up in court each time? In which case I'm surprised he got the possession order since DJ's sometimes dismiss a claim if the Claimant doesn't pitch up to explain why they feel justified in their stance. If he wasn't at the last hearing and you were a LIP talking direct to the DJ it sounds like the judge did your Landlord's job for him which wasn't very fair :rant:

If you've submitted all the right forms to the court you ought to get some breathing space now. It's easier to make decisions when you're not under pressure. And if you can get lawyers involved that would be even better. As my Mum used to say "a problem shared is a problem halved" :blah: :blah: :blah:

[Guest]

Re: Private tenants can use human rights to prevent s21 (Pt 2)

Thanks good landlady friend :okay:

Goodness, that looks like the judge at one point!
To be succinct, this case may be strongly affected by post 6 :bump2:

Oh! - that's Valentine's Day :tinysmile_kiss_t4:

[Guest]

Re: Private tenants can use human rights to prevent s21 (Pt 2)

Deleted

[Guest]

Re: Private tenants can use human rights to prevent s21 (Pt 2)

Time limit for fast track cases
I'm told this is 30 weeks.

Legal Aid (Wikipedia)
The LSC will be replaced by the Legal Aid Agency, a new Executive Agency of the Ministry of Justice, on 1 April 2013.

[Guest]

Re: Private tenants can use human rights to prevent s21 (Pt 2)

New defence against s21 notice to be heard by Court of Appeal in March 2013
Private tenants are reminded of this case, to be heard by CA in March 2012 - here
If the case succeeds, s21 will fail where rent in advance was not protected as a deposit.
In combination with non-repairs, as in my case, this argument is a winner.
Not repairing is also a breach of fiduciary duty I imagine.
Combined with the disrespect of s21 notice, surely art 8 engages.

In plain English, when a landlord takes rent in advance, and repairs are due, a tenant should reasonably be able to expect that the repairs will be done from the rent money, in a relationship of trust. If the landlord not only does not do them, but uses a no-right-of-redress eviction notice when tenant complains, this must engage the human rights to respect for the private life and home (Pt I, Art 8), quiet enjoyment of possessions (Pt II, Art 1), and not to be treated in a degrading manner (Pt I, Art 3).

No individual, group or state (court, police) may take any action aimed at limiting the human rights of the tenant (Pt I, Art 17).

[Guest]

Re: Private tenants can use human rights to prevent s21 (Pt 2)

Another possible defence against s21
Mistake:-
1. If a party is induced to enter into a contract by a mistake of law then such a contract is not valid.
2. Where both the parties enter into an agreement under a mistake as to a matter of fact essential to the agreement, the agreement is void.

[Guest]

Re: Private tenants can use human rights to prevent s21 (Pt 2)

Good news
I'm speaking to the lawyer who's looking at my case in the morning.
This is before taking N161 to court on the bus for 2pm.

Thankyou Tuttsi
In post #15 of my first thread on this subject, you recommended I try Watsons Solicitors.
I did not find that a suitable recommendation for a housing case.
This is because they are consumer credit litigation specialists.

However, some of my housing problems have been contributed to by my dealings with Welcome Finance.
Whilst Watsons do not offer legal aid, I will attempt to find a similar firm who do.
MKRR tell me they're going to do something to me - I forget what.
(Also sent in PM)

[pt2537]

Re: Private tenants can use human rights to prevent s21 (Pt 2)

Good news
I'm speaking to the lawyer who's looking at my case in the morning.
This is before taking N161 to court on the bus for 2pm.

Thankyou Tuttsi
In post #15 of my first thread on this subject, you recommended I try Watsons Solicitors.
I did not find that a suitable recommendation for a housing case.
This is because they are consumer credit litigation specialists.

However, some of my housing problems have been contributed to by my dealings with Welcome Finance.
Whilst Watsons do not offer legal aid, I will attempt to find a similar firm who do.
MKRR tell me they're going to do something to me - I forget what.
(Also sent in PM)

Legal aid isnt available to people with financial claims from what i recall. We looked into it but found that there wasnt much point offering legal aid

[Guest]

Re: Private tenants can use human rights to prevent s21 (Pt 2)

Deleted.