Tuesday, April 21, 2020

Peabody Trust: Declan again asks Peabody CEO Brendan Sarsfield's personal response executive for an explanation for the non-renewal of our tenancy. We are in a flat that is part of the Mayor of London's Rough Sleepers Initiative

With the background as provided above, the Heaveys now are facing an eviction notice from their landlord, Peabody Trust housing association. The tenancy is a flat, which falls under the Mayor of London's Rough Sleepers Initiative. Pardoning my intrusion into English law, but in fairness there does not appear to be any reason for the eviction, relying apparently entirely on the discretion of the landlord.

Joseph R. Carvalko, Esq., American lawyer (read full email below)

Our Church and State website has no less than 59 Nobel Laureates on it despite the never-ending assault on our email; see paragraph 2 under "Church and State" on this blog's sidebar (updated today).
Article 10 of the European Convention on Human Rights and Fundamental Freedoms formulates what is the core of free speech. "Everyone has the right to freedom of expression." In an important interpretation of this article, the European Court of Human Rights in Handyside v. UK (1976) indicated that this "freedom of expression" should be construed as follows. It "is applicable not only to 'information' or 'ideas' that are favourably received, or regarded as inoffensive, or as a matter of indifference, but also to those that offend, shock or disturb the State or any sector of the population". Such are the demands of that pluralism, tolerance and broadmindedness without which there is no "democratic society" (see Cliteur, 2010).


The Central London County Court is based at the Royal Courts of Justice. The hearing of the Mayor of London-commissioned St Mungo's application to have Declan's claim struck out before Senior Circuit Judge Marc Dight CBE has been adjourned to a date to be fixed.

Declan and I are housed in a flat that is part of the Mayor of London's Rough Sleepers Initiative. Alongside our tenancy is access to the Mayor's Tenancy Sustainment Team (TST) at St Mungo's. It has been acknowledged by the Greater London Authority in court papers that we can live independently – we do not have addictions or mental illness or behavioural issues. Our needs are solely related to the harassment, discrimination, intimidation and victimisation we routinely face. This is typified by the behaviour of St Mungo's during proceedings currently before the court. On 16 April our landlord, Peabody Trust housing association, intimated that they will not be issuing us a "renewed assured shorthold tenancy" (clause A6) before our tenancy ends next month. So now we are facing a periodic tenancy and eviction at will by the landlord from 17 May because we cannot get St Mungo's to even vouch over the phone that we are clients of theirs. The ending of our current status as tenants who are part of the Mayor's TST programme by necessity is how Peabody has interpreted appalling and dangerous new terms of tenancy that we refused to sign last week. For a start, the acceptance by the court that this interpretation actually exists would likely render academic Declan's claim against St Mungo's for an effective failure to provide support, and might even result in costs being awarded against him for filing a spurious claim based on a necessary need for support that doesn't seem explainable allowing for this interpretation of the contract. Below is Declan's email this morning to Gillian Smith of Peabody CEO Brendan Sarsfield's personal response team, who two weeks ago to the day was given charge of the renewal or otherwise of our tenancy through to resolution.

For the attention of Brendan Sarsfield, CEO, Peabody Trust

Gillian Smith
CEO Enquiries
Peabody Trust

Address removed for email


21 April 2020

Dear Ms Smith,

I received Rukia Khatun's email yesterday regarding the renewal of my tenancy. I can confirm that the tenancy type may be the same as my existing tenancy agreement, but the terms of the contract I have been asked to sign are appalling and unacceptable. 

I believe it would be imprudent of me to attempt to negotiate terms of the contract, due to me being unrepresented by counsel. I, therefore, await your reason(s) for not providing me with a like-for-like tenancy agreement - both in terms of the type of tenancy and the terms of the contract (reflected in clause A6 stating "renewed assured shorthold tenancy") - as has been issued to me twice before. 

As previously stated, I have managed to sustain my tenancy but to ensure that I do not face homelessness again, I need St Mungo's TST support to achieve financial independence. The same goes for my wife. 

The tenancy agreement we have would work for us, if only St Mungo's TST would honour their side of the contract.  

Yours sincerely,

Declan Heavey 

Who can say that Declan does not have opposition?

The Royal Bank of Scotland Group Headquarters in Gogarburn. The RBS owns National Westminster Bank (NatWest).


Declan currently has the Royal Bank of Scotland (along with NatWest Bank) before the Financial Ombudsman for the cancellation of a standing order on the Network for Church Monitoring business account without his knowledge or consent. And this after he received £100 compensation from the RBS in recognition of his time, travel costs and inconvenience in setting up this and another standing order over two months ago.

13 April: Royal Bank of Scotland: Despite his earlier dealings with the RBS Executive Response Team, Declan has been waiting over six weeks to learn from Natwest Bank who cancelled a standing order on the Network for Church Monitoring business account without his knowledge or consent (Financial Ombudsman case ref. PNX-3576860-D6B8)

In his fight for a reasonable degree of justice, Declan will file this "To whom it may concern" letter by Joseph Carvalko with the court in due course:

In the Matter of: Mr. and Mrs. Declan Heavey

To whom it may concern:

I am a U.S. attorney writing to introduce Mr. and Mrs. Declan Heavey, publishing colleagues of mine, in their current struggle to avoid an eviction in London. Permit me to introduce myself and summarize the Heaveys' predicament.

For four decades I have practiced law in the U.S. I also have spent many years teaching law, where currently I am Adjunct Professor of Law, Science and Technology, Quinnipiac University, School of Law. I also hold other positions in academia and professional organizations such as Chairman, Yale Technology and Ethics working group, Interdisciplinary Center for Bioethics, member of the Community Bioethics Forum, Yale School of Medicine, and a member of Publications Board, IEEE Transactions on the Implications of Technology in Society.

In my various roles I have written many books and articles, this last point connecting me to the Heaveys, who are engaged in an important project that deals with the publication of issues significant to social policy in a number of key areas, e.g., population, climate change, futurism, atheism, and free speech. Established as Network for Church Monitoring, a nonprofit company limited by guarantee, their main publication, found at the website, Church and State, has no less than 59 Nobel Laureates on it, 16 of whom signed on as Honorary Associates. I might add that the list of 276 associates also includes 10 recipients of the U.S. National Medal of Science, 12 knighted professors. There are contributions to the site by six members of the House of Lords, 29 knighted professors.

The Heaveys have aided my publication efforts, vis-à-vis articles about bioethics and technology law, principally the role these fields play in conserving humanity in an era of hyper-technological progress. Mine is not a particularly controversial topic, but the Heaveys have courageously undertaken to call attention to other subjects, not the least which have been critical of the interaction between religious and secular institutions. The Heaveys have been the target of numerous threats and actions, e.g., the former resulting in "threats to Mr. Heavey's life," and the latter, which have led to vandalism. The various incidents are on record with the police and other official agencies.

With the background as provided above, the Heaveys now are facing an eviction notice from their landlord, Peabody Trust housing association. The tenancy is a flat, which falls under the Mayor of London's Rough Sleepers Initiative. Pardoning my intrusion into English law, but in fairness there does not appear to be any reason for the eviction, relying apparently entirely on the discretion of the landlord.

The eviction matter has come before His Honour Senior Circuit Judge Marc Dight at the County Court at Central London. The Court will notify of remote hearing details in due course, when both the legal representative for St. Mungo's (the charity in effective control of the tenancy) and Mr. Heavey would present their positions. Both Mr. Heavey and St. Mungo's had written to the court explaining that an adjournment would be appropriate, and that it is not a matter which could be conducted by telecon due to Mr. Heavey being unrepresented. I might add the Heaveys do not have the funds to hire a solicitor in this matter. The problem as perceived by the Heaveys is that Peabody Trust, under a Section 21, which they fully expect to receive on or about 17 May, will force them to vacate. Vacating would be consequential as they have no means by which they can secure housing at this time.

I appreciate that as we are undergoing the Covid-19 pandemic, so are you, which may present obstacles in representation. However, especially during this pandemic, an eviction, especially into the streets, might well pose an unimaginable threat to the Heaveys' well-being.

Thank you for the opportunity to call your attention to this urgent matter. If you can assist please let me know, or reach out directly to the Heaveys at dheavey@gmail.com.

Very truly yours,

Joseph R. Carvalko, Jr. Esq.




From My Pick's:

3 April: Declan's claim against the Mayor of London-commissioned St Mungo's before Senior Circuit Judge Marc Dight CBE has been adjourned to a date to be fixed. St Mungo's TST is still unwilling to even take a phone call to confirm that we are clients of theirs

Mayor of London Sadiq Khan


What the issue in these court proceedings boils down to is whether the court will decide that Declan and I should live in a destabilised tenancy that inhibits our ability to exercise our rights and poses a threat to his life, simply because the Mayor of London-commissioned St Mungo's Tenancy Sustainment Team in North London (TST North) will not even take a phone call to confirm that we are clients of theirs. The court must surely find that this is not proportionate and lawful.

Our need for this support continues to escalate?

"Let me recommend an important web site churchandstate.org.uk. Operating out of London this well-designed and exciting web site covers church-state, population, climate change and other issues. Check it out." Edd Doerr (1930-2020), (then) President, Americans for Religious Liberty

http://churchandstate.org.uk/about/

at 11:33 am