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

[pt2537]

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

Thanks for the comment pt, I'll see if I can get a quick question in to lawyer in the morning.

That is why we do Conditional Fee work, its the nearest thing we can get to help people with funding their cases

[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)

Deleted.

[Guest]

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

Barrister assessment
The lawyer has done an assessment this morning.
He is handing my papers to a barrister currently dealing with the cutting edge of these issues.
The barrister will do an assessment.

[PlanB]

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

Barrister assessment
The lawyer has done an assessment this morning.
He is handing my papers to a barrister currently dealing with the cutting edge of these issues.
The barrister will do an assessment.

Progress Let's hope the barrister is excited by the potential publicity this could attract if he wins your case for you because it would send shockwaves through the private rental sector :faint:


A lot may depend on the COA judgment on the Heathrow Squatters case due tomorrow :nerd:

http://www.guardian.co.uk/environmen...ng-housing-law

[Guest]

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

Thaaannnnkyou, planb!!
Don't worry, we're watching the squatters.
I just want to say, we're only looking for a fair balancing of rights and obligations all round.
This is perfectly natural and fair law.
Cuuuute little 'thud' man!!! Thankyou!!! :bedjump:

[Guest]

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

This post was a memorandum of how I had to persuade the local court to get my papers to the circuit judge, having found they were still sitting with the district judge who originally tried the case, 14 days before the eviction date.

[Guest]

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

I am currently learning how to form a skeleton argument here.

[Guest]

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

11 days before eviction, the circuit (appeal) judge still does not have my papers.

[Guest]

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

I've now been told by the court clerk that I have a 'right' to an oral hearing to seek permission to appeal.
The appeal could be for error of law or reasonableness of judgement only.
This hearing would probably not be available for a couple of months, due to the availability of the circuit judge.
In the meantime, I am led to believe the warrant will be stayed.
I believe I'm supposed to call the court tommorrow, 10 days before eviction, to find out if it has been stayed.

[Guest]

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

The Heathrow squatters now say their judgement is expected on 28th Feb 2013 - here

I have to say, the whole argument in favour of Grow Heathrow is contribution to the community.
In which case, the right to respect for the home hardly seems the relevant argument! LOL
Whereas my home is what's in question in my case...
...and I'm told the right to respect for it doesn't engage! AH HA!!

PERHAPS I SHOULD APPEAL UNDER THE RIGHT TO RESPECT FOR MARKET GARDENS???

BOOM BOOM!!

[Guest]

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

Legal aid given
I have spoken to my solicitor this morning.
He's applied some legal emergency aid or something.
If the barrister likes the case, they'll both represent me in court :tinysmile_aha_t:
Your heavies v my heavies

He tells me it's likely to get sent back down to a different district judge.
This would be due to error of law by the first one.
This is because respect, funnily enough, does apply in private tenancies
The application of that respect falls to the judge, as I told him.
As my honourable and learned friend, planb, pointed out.
Wake me up when it's over...

We'll get to the reasonableness of the judgement, later.
For lunch :lunch:

PT, could you send me a PhD on conditional fees?
Your explanation wasn't complicated enough :smokin:
And thanks for checking my thread.

NO, I don't smoke!

[PlanB]

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

Legal aid given I have spoken to my solicitor this morning. He's applied some legal emergency aid or something.

. . . . He tells me it's likely to get sent back down to a different district judge.
This would be due to error of law by the first one.
This is because respect, funnily enough, does apply in private tenancies
The application of that respect falls to the judge, as I told him.
As my honourable and learned friend, planb, pointed out.

This is excellant news :clap2: I always thought the whole point of Legal Aid was so that people who couldn't afford to pay for legal representation could still have a fair chance in court. Statistics show that LIPs lose too often even though they have a legal case because they have trouble putting it across in court. If you get full legal aid for your appeal then my faith in the LSC will be restored :grin:

You say your solicitor is exploring an error of law possibly made by the first District Judge, has he/she said what that error might have been (apart from doing the Claimant's job for them when they failed to turn up in court:rant?

I'm delighted to be considered as 'honourable and learned' by you. While I can claim the first label (honourable ) sadly I lack the qualifications to be described as the second (learned :nerd. Everything I know I've either got from making copious mistakes in my life, or reading PT's posts and Blog. You should read this one on the need for appeals to be granted (and won!) when DJs or courts get it wrong:

http://paulatwatsonssolicitors.wordp...-to-the-judge/

[Guest]

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

Thankyou, planb.

I don't have the exact details of the legal aid award yet.

The error in law is based around treating me with respect.
It was I who found the error(s) in law, and I'll comment after reading the transcript.

The circuit judge has now agreed with me.
He has stayed possession to 1st April, believing possession to have been awarded 'erroneously'.

I should say it took my calling the court today, 9 days before eviction, to win this stay.

The transcribers have transcribed the judgement and have yet to proof-read it (thankyou, PT).
The circuit judge has ordered it be paid at public expense (thankyou, PT)

Meantime, the letting agent have received the 32nd presentation of the complaint first presented in Dec 2010.
It now includes a complaint of infringement of my basic human rights.

[PlanB]

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

Good to hear your eviction has been stayed to at least 1st April ( interesting date :lol: )

Did the circuit judge expand on his view that the possession order may have been awarded erroneously? Whatever his reason he has demonstrated his ability to be objective and all I can say to that is "Respect" :rockon: