Question about police and section 21

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    #31
    Originally posted by spool View Post
    You are correct though, circumstance before and after can affect the outcome of a section 21.
    Can we change that to :
    circumstance before and after MAY affect the outcome of a section 21.
    as S21 is normaly clear cut.

    R.a.M.

    Comment


      #32
      Originally posted by ram View Post
      I agree with Snorkerz.

      My point was not that it is a defence, rather that you make dam sure every one
      knows why you are being evicted, and that is your right.

      but to say nothing about it in your defence, would be foolish.
      O.P. has enough evidence.

      If it were me there, I would say to judge ( and I know replies will come back, but
      you can't do that ) It is the juristriction of this court to ensure that the law is
      upheld, and defence is before you to clearly show why the Section 21 has been
      issued.
      If you grant execution of this S21, you are condoning the law braking of the
      applicant, who has use Section 21 on two other occasions to gag their tentants,
      so the Landlord may continue to break the law.
      You as custodian of the law, you cannot be seen to allow such blatant law breaking,
      by the applicant, and I respectfully request you adjourn this case until the finalisation
      of the disrepair case has come to it's conclusion.
      In my humble oppinion.

      You write, you phone, you email, you do everything possible.
      What can they do to you if you do such things, issue a section 21. ?!*#*?

      R.a.M.
      If you are a landlord you can issue a section 21 and need to offer no reason, that would leave the tenant to go down other avenues to either prove harassment etc Even Shelter warn of going down the enviro route because you leeave yourself open to a section 21.

      The landlord coule say, I don't like the tenant and so I want to issue a section 21 or he/she could just not like the shirt you have on your back...

      Comment


        #33
        Originally posted by spool View Post
        We are the second tennants (family) to be evicted due to complaining I have since found out... It's more complext than you think but watered down for the forum.


        I understand that things are often more complex than presented. If the landlord was to attempt to make all the repairs needed to the property, then would it be practical for you to inhabit the property while these repairs are ongoing? If not then as I said, many landlords would want the place vacant and not have to pay for alternative accommodation if major repairs are needed. The S21 may be partly reactive to your complaints, but it may also be necessary simply because it’s easier and cheaper to repair the unoccupied property. I would not be surprised if after the property is brought up to standard that the rental charge is increased also.
        I also post as Moderator2 when moderating

        Comment


          #34
          Originally posted by Mars Mug View Post
          The S21 may be partly reactive to your complaints, but it may also be necessary simply because it’s easier and cheaper to repair the unoccupied property. .
          NO.
          Don't think the landlord is "Thinking of the best interests of his tenant"

          The last tenant complained, and were evicted.
          this tenant is complaining, and he too is getting evicted.
          House was NOT fixed when they had vacant possession when previous
          tentant were evicted.

          NO, not the case of landlord being "kind".
          Just breaking the law.

          Remember the crusades, in the name of the church.
          Do what I say or we will kill you and steal all your gold, and financed
          partly by the church, and bishops on their horse slaying those that would
          not convert.

          Nowadays, it's breaking the law, as riding on horseback down the high street
          to slay Spool is a bit risky, so they just break the law instead.

          Very first post says
          "problems have gone on for over 3 years" so that tells you what you are up
          against.

          Q.E.D. ( r.a.m.)
          http://thesaurus.maths.org/mmkb/entr...oncept&id=2240
          Last edited by ram; 13-01-2012, 13:09 PM. Reason: p.s. http://thesaurus.maths.org/mmkb/entry.html?action=entryByConcept&id=2240

          Comment


            #35
            Originally posted by Mars Mug View Post

            I understand that things are often more complex than presented. If the landlord was to attempt to make all the repairs needed to the property, then would it be practical for you to inhabit the property while these repairs are ongoing? If not then as I said, many landlords would want the place vacant and not have to pay for alternative accommodation if major repairs are needed. The S21 may be partly reactive to your complaints, but it may also be necessary simply because it’s easier and cheaper to repair the unoccupied property. I would not be surprised if after the property is brought up to standard that the rental charge is increased also.
            Yes I do understand what you are saying and yes they have said that they need to have the place empty to do they work needed. You would expect the landlord to first arrange a date for work to start, say to tenant we need you to move out for a while we have a suitable property for you until work has finished etc etc. This is not the case, out you go we need to the property back to access the work needed etc Go see the council......

            The first section 21 was because we complained about the cess pit that had fallen in, it had been reported back in 2005 by the tenants who lived here before me, section 21 was issued and they were evicted by the police etc All the rest of the property problem were not on the agenda when we first approached the enviro office but still a secton 21 was issued. Just before christmas the inglenook fell on top of me and I phoned, emailed the landlord but I had to get a builder out to prop the colaspe, no responce at all from the landlord.the enviro requested an engeneer report and a full survey was done, it uncivered many serious structural problem as well as health and saftey issues, cat 1 hazards all over the place.

            The section 21 is been used as a loop hole so not to make them look bad.

            we have also had the warden of the church enter our property when we were out, silly for her to tell us in an email!! Lot's of things have gone off over the past three years including threts. I have these digitally recorded. REV " I have evicted one family already and I will do it again" Clark of works " keep your mouth shut or there will be ******G trouble" is another, all recorded. We have over two years worth of recording of meetings and phone calls. REV "I'm not Hitler though I wish I was sometimes" was said in church infront of the whole village when meeting to discuss not acting on the section 21 before. REV "I hate kids and christmas, I'm having roast babay for christmas dinner" was said in public!!! The list goes on and on. I don't want to be fighting with church people and have held back but protected myself.

            Puts a different light on it..?

            2005 REV sent email to enviro office saying cess pit was fix, never touched but who would know since tenants were evicted..? Same this time, he said works was completed but on inspection it wasn't to the spec discuss in length with the enviro officer...

            Comment


              #36
              Originally posted by spool View Post
              The section 21 is been used as a loop hole so not to make them look bad.,.



              Q.E.D.

              R.a.M.

              Comment


                #37
                Originally posted by spool View Post
                Yes I do understand what you are saying and yes they have said that they need to have the place empty to do they work needed. You would expect the landlord to first arrange a date for work to start, say to tenant we need you to move out for a while we have a suitable property for you until work has finished etc etc.
                In my opinion you have two issues, a legal one and a moral one, I am trying to point out a likely argument that your landlord may put forward to cover both issues. The landlord will argue that they need vacant possession of the property to make repairs, and that they are under no legal obligation to re-house the current tenant (unless someone can show that it is currently uninhabitable). But as has been already stated, no reason is needed for an S21 to be effective.

                Morally it stinks, the Rugg Review considered this back in 2008, see this document page 80 “S21 Notices”, (that’s the actual PDF page and not the reader page number);

                http://www.york.ac.uk/inst/chp/publi...sreviewweb.pdf
                I also post as Moderator2 when moderating

                Comment


                  #38
                  Originally posted by Mars Mug View Post
                  In my opinion you have two issues, a legal one and a moral one, I am trying to point out a likely argument that your landlord may put forward to cover both issues. The landlord will argue that they need vacant possession of the property to make repairs, and that they are under no legal obligation to re-house the current tenant (unless someone can show that it is currently uninhabitable). But as has been already stated, no reason is needed for an S21 to be effective.

                  Morally it stinks, the Rugg Review considered this back in 2008, see this document page 80 “S21 Notices”, (that’s the actual PDF page and not the reader page number);

                  http://www.york.ac.uk/inst/chp/publi...sreviewweb.pdf
                  In the case of a section 21 I was advised that I do not have to leave when the date comes and in this sense the illegal eviction would not be the case because a section 21 isn't an eviction notice... So I assume that if the landlord was aware that they may face an appeal against an eviction application after the 21 date arrives and they are on sticky ground they could either let the 21 run and do nothing or apply for an eviction and risk a claim for illegal eviction...? wow did I type that....?

                  So on a legal stand point would I be right in saying that a section 21 couldn't be applied for illegally but to follow on to apply to evict can be said to be an illegal eviction?

                  Comment


                    #39
                    Not read all posts here but a valid s21 (no fault) will only result in a Court repo hearing. If repo granted and poss bailiffs properly engaged, it cannot be an illegal eviction.
                    Or did I miss something?

                    Comment


                      #40
                      Who can legally apply for section 21

                      If my landlords are trustees and I was served with a section 21 but the person who applied was not my landlords but a representative is theis legal?

                      Comment


                        #41
                        Question about police and section 21

                        Is it usual for the police to come with "landlord" when serving a section 21? Why would the police get involved in a civil action?

                        Comment


                          #42
                          Either the policeperson was mate of the LL's acting as witness for serving the notice ... or they expected a breach of the peace. Are you known for punching people in the face when given bad news? If not, it does seem a little strange!

                          Comment


                            #43
                            Is it usual for the police to come with "landlord" when serving a section 21

                            answer = NO

                            But please tell people about your other posts, as that changes why this may
                            have happened. ( but the police came as suggested above )

                            R.a.M.

                            Comment


                              #44
                              Originally posted by Soot2006 View Post
                              Either the policeperson was mate of the LL's acting as witness for serving the notice ... or they expected a breach of the peace. Are you known for punching people in the face when given bad news? If not, it does seem a little strange!
                              Sounds about right, the police officer who turned up was a local bobby and they drink together.....

                              Comment


                                #45
                                Originally posted by ram View Post
                                Is it usual for the police to come with "landlord" when serving a section 21

                                answer = NO

                                But please tell people about your other posts, as that changes why this may
                                have happened. ( but the police came as suggested above )

                                R.a.M.
                                I wouldn't have thought that just because the church are my landlords it would constitutue the police turning up.....

                                Comment

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