Question about police and section 21

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • spool
    replied
    Originally posted by ram View Post
    Your other post shows harrassment, the church refusing to do repairs, wanting
    you out because you complained, you have recordings that they say they wont
    do repairs, and then they try to harrass you further, in an effort to stop you
    continuing your claim for disrepairs, want to put the "wind" up you by bringing
    a policeman along with their section 21, to intimidate you.

    Yes, it does have a bearing on the facts -- in YOUR case.

    R.a.M.
    Yes I see where you are coming from now.

    Leave a comment:


  • spool
    replied
    Originally posted by Snorkerz View Post
    Yes, but there may well be multiple trustees - indeed there should be.
    The PCC and Rev are not the trustees but the section 21 was applied for by the Rev for and on behalf of the PCC. No member of the PCC are trustees nor the Rev...

    Leave a comment:


  • ram
    replied
    Originally posted by spool View Post
    I wouldn't have thought that just because the church are my landlords it would constitutue the police turning up.....
    Your other post shows harrassment, the church refusing to do repairs, wanting
    you out because you complained, you have recordings that they say they wont
    do repairs, and then they try to harrass you further, in an effort to stop you
    continuing your claim for disrepairs, want to put the "wind" up you by bringing
    a policeman along with their section 21, to intimidate you.

    Yes, it does have a bearing on the facts -- in YOUR case.

    R.a.M.

    Leave a comment:


  • Snorkerz
    replied
    Originally posted by bhaal View Post
    If property is held under a trust the trustee has to commence legal proceedings.
    Yes, but there may well be multiple trustees - indeed there should be.

    Leave a comment:


  • bhaal
    replied
    If property is held under a trust the trustee has to commence legal proceedings.

    Leave a comment:


  • Snorkerz
    replied
    The section 21 notice can be sered by anyone on behalf of the landlord.

    The court paperwork (form n5 or n5b) can only be issued by the landlord or his solicitor.

    In the case of a landlord that is a company, then any of the officers of the company could do so. I am guessing that a trust would be under the same rules, and therefore a trustee of the trust (equivalent of a director) would be in a position to commence proceedings.

    Leave a comment:


  • spool
    replied
    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.....

    Leave a comment:


  • spool
    replied
    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.....

    Leave a comment:


  • ram
    replied
    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.

    Leave a comment:


  • Soot2006
    replied
    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!

    Leave a comment:


  • spool
    replied
    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?

    Leave a comment:


  • spool
    replied
    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?

    Leave a comment:


  • mariner
    replied
    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?

    Leave a comment:


  • spool
    replied
    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?

    Leave a comment:


  • Mars Mug
    replied
    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

    Leave a comment:

Latest Activity

Collapse

Working...
X