Test case for landlords under EU Human rights act possible?

Test case for landlords under EU Human rights act possible?

9:58 AM, 6th July 2015, About 9 years ago 74

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It seems to be more prevalent that local councils are advising non-paying tenants to be as difficult as possible to landlords. These problem tenants are being advised by councils to turn up at their court hearings at the last minute to force cases to be adjourned, then hold on until bailiffs arrive.EU

This hasn’t happened to me .. yet, but it has just happened to my nephew who is a landlord in London. In his case, his solicitor confirmed that the tenant had acted on advice of the local council.

If these cases are ever proved (undercover journalists?) surely a landlord would be able to take civil proceedings against the council involved and seek compensation for loss of income and time / expense.

I am also wondering if it is feasible for someone to force a test case under EU Human Rights regarding the Right to Work Act (I think it is Article 8). Surely landords have a right to work?
And what these unscrupulous local councils are doing is tantamount to inciting theft.

Sharon


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Comments

Paul Maguire

9:11 AM, 25th July 2015, About 9 years ago

Tenants should be able to dismiss the advice to stay till Court Order by pointing out to the Council/CAB that the landlord has explained to them that the costs of any Court action will be reclaimed from the tenants and they have no desire to get further into debt. I've only had this situation once [currently] and the tenants are keen to get Council accommodation due to an impending [Sept] birth. Wouldn't be a problem if it was a one bed flat but they're renting a room in a 5 bed HMO. I've often wondered if Duty of Care to other residents applies when renting room by room.

15:54 PM, 4th August 2015, About 9 years ago

This could be of interest ...

http://pwc.blogs.com/scotland/2014/10/firms-could-face-prosecution-for-failing-to-prevent-economic-crime.html

"Jeremy Wright, who became Attorney General in July 2014, told a recent conference in Cambridge that the government was, “considering proposals for the creation of an offence of a corporate failure to prevent economic crime". Economic crime is generally defined as “the intentional use of deceit to deprive another of money, property or legal right,”

I'm no lawyer but I think Councils could be on thin ice regarding that last sentence.

16:39 PM, 4th August 2015, About 9 years ago

Reply to the comment left by "Roanch 21" at "04/08/2015 - 15:54":

Lets say I can think of a few more than just councils!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Rudolph Banton

20:32 PM, 4th August 2015, About 9 years ago

The same tenant went to court to suspend the July evict on the same day to be evicted. I had no time to get to the County Court told at 12:20 noon case at 1pm 25 miles away. Got my skates on but with traffic jams and road works arrived 2pm case heard. Eviction suspended rent arrears to be paid from July 9th to 16th 2015 at 4pm. Warrant back in-place without further court hearing!. No arrears paid.

Rang county court no rent has been paid? You need to come and renew the warrant sir. Went the following day renewed the warrant and waited...what a yarn! Frustrated I telephoned bailiffs landline and mobile no answers. Rang Clerk of court...bailiffs are really busy some on vacation he said. for....sakes!

Rang council received a letter july 20th as of July 12th 2015 you will not be receiving housing benefits for your tenant! Tenant says she was evicted July 9th 2015!!!! But tenant still in property!! Spoke to fraud team gave them my mind in words. They said sorry for doing nothing giving away tax payers money at leisure!
Visited council and they re-instated HB.

July 30th 2015 after shopping with daughter and a bottle of single malt for home later, driving to drop off. Tenant walked out property as driving by. Wound car window down and asked when are you going to changed the locks back so i am able to view the property? Tenant got in vehicle and drove off not a word.

Did a roundabout turn and called the locksmith. He said he could be there in half hour. Went and get latest CC eviction letter. Came back knocked on door. tenant daughter and another lady shouted what do you want, who are you? Daughter said we have a contract and slammed the dinning room door so hard it shook the front door!

Locksmiths ace got in easily. Tenant daughter told me I should not be in here. The other lady who are you? The owner of this property! Then the lady says she has been renting since March 2014 at £120 per week. The lady says she was the owner of the property. Checked each rooms on first and second floors had double beds in each room. Seems mum and daughter slept in one room.

There are three freezers, two in kitchen and one in shed in back garden with and indoor cable drilled through bottom of back door to shed! Consumer unit covered by cupboard with shelves. We told daughter and sub-letter they had to go, they took clothes and went outside. The Romanian Christine with no other names wanted no trouble!

Shut all windows and my daughter.went out for a while. Came back in and said the lady next door says don't rent a room in that property. That lady keeps chucking out her tenants out at nights without paying them back their deposits. They usually called the police because they had nowhere to go. She has been renting since she moved into the property, the police normally knock on my front door at midnight to asked for her. It has been a nightmare for me and my family since she moved in. Daughter explained who she was. She was also getting £600 per month housing benefits.

Went to CC to see bailiffs July 31st 2015 to say I have called the locksmith and changed the locks. Your service is not needed any more. Wait said person at desk it still can be an illegal eviction. The tenant came in saying she was illegally evicted. We told her to seek legal advise! Can you write what took place to put to the Judge to decide if it was an illegal eviction!

went to CC today for tenant defense she claimed for repairs the sum of £13,000. She had no defense and given since April 23 2015 to July 5th to form a defense. Thinking the case would be struck out Judge gave tenant another two months to get expert witness and to form a defense!!! Ouched!

Fraud may have been committed. The council emailed me asking for eviction court details and rent agreement., before rehousing the tenant!

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