Will the court decide that Declan and I should also live under the threat to life of a 'no fault' Section 21 eviction notice?

Wow
Very clearly put!

Donald A Collins
Founder and officer in several NGOs
FHI360, IPAS, ISAF and others

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.

Claimant: Declan Heavey
Defendant: St Mungos

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.

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 (WITH UPDATE 28/05/20)

For the attention of Brendan Sarsfield, CEO, Peabody

Rosealeen Sogunro
Area Housing Manager
Peabody

Address removed for email


28 May 2020

Dear Ms Sogunro,

Thank you for your email of 27 May.

It remains my contention that your insistence that you have offered a tenancy "like for like as requested" confers an obligation on you to produce such a document. Instead, I have been falsely accused of not signing a like-for-like agreement and provided with assurances that are not reflected in the template agreement.

I am currently not protected from a 'no fault' eviction. Despite your assurance that no action of this sort will be taken, my legal position in respect to Section 21 possession poses a 'threat to life'. It also has a destabilising effect on my tenancy and inhibits my and my wife's ability to exercise our rights.

I continue to reserve the right to enforce any and/or all legal remedies to me.

Yours sincerely,

Declan Heavey
Managing Director
Network for Church Monitoring

These pleadings have been prepared for filing with the court without further notice.

Claimant: Declan Heavey
Defendant: Peabody

Brief details of claim

Since 17 May 2014, the Claimant has been living in a Mayor of London's Rough Sleepers Initiative (RSI) property that is owned by the Defendant. The Defendant has twice renewed the Claimant's tenancy like for like as requested. On 27 April 2020, the Defendant asserted in relation to the third renewal of the tenancy on 17 May 2020 that "the terms are the same and a like for like as requested". The Defendant further affirmed on 27 May 2020 that it will not be making any substantive changes to the tenancy on offer. The Claimant avers that the tenancy offered is not remotely a like-for-like agreement. He further contends that the Defendant's insistence that it has offered a tenancy "like for like as requested" confers an obligation on it to produce such a document. Instead, the Defendant has falsely accused the Claimant of not signing a like-for-like agreement. The Defendant's reply to the Claimant's pre-action letter dated 4 May 2020 is in effect a reiteration of its former and current position. Consequently, the Claimant has no legal protection from a 'no fault' eviction in a weekly periodic tenancy. This has destabilised his tenancy, inhibits his and his wife's ability to exercise their rights, and poses a threat to his life. The Claimant therefore makes an application to the court for a declaration that the Defendant has acted unlawfully and in dereliction of its duty. The Claimant seeks damages for distress and costs.

27 May: Threat to life: These full pleadings against Peabody make clear that Declan does not dispute that they can seek a 'no fault' Section 21 eviction whenever they want. We are in a flat that falls under the Mayor of London's Rough Sleepers Initiative (WITH UPDATE 28/05/20)

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