Declan has brought Peabody's appalling new terms of tenancy to the attention of their Complaints team (stage one). I cannot resume a volunteer position I held in the community for four years in a destabilised tenancy under the threat to life of a 'no fault' Section 21 eviction notice
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 Mayor of London is Sadiq Khan. We live in one of the Mayor's Rough Sleepers Initiative (RSI) designated properties and have no legal protection against a 'no fault' Section 21 eviction notice so long as we do not sign the appalling new fixed-term tenancy offered. Unless or until we sign a new fixed-term tenancy, our tenancy continues on a weekly periodic basis.
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 Mungo's
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 08/06/20)
On 15 June Declan submitted a stage one complaint to our landlord, Peabody, about their appalling new terms of tenancy without prejudice to any future court proceedings.* We are currently living in a weekly periodic tenancy under the threat to life of a 'no fault' Section 21 eviction notice. This has destabilised our tenancy and inhibits our ability to exercise our rights. For example, I cannot resume a volunteer position I held in the community for four years. Declan is also forced to maintain a suspension on his voluntary work in the community. Paragraph 4 reads:
"There is too much pressure and uncertainty for us to be even able to volunteer in the community. In addition to holding down two part-time jobs, we are battling St Mungo's (in court) and Peabody to stabilise our tenancy under the threat to life of a 'no fault' Section 21 eviction notice. Last week I had to deal with both Newham Benefits Service and Peabody because our weekly rent transactions have not been appearing in your customers' portal since 18 May (the day after our fixed-term tenancy ended). This level of pressure and uncertainty is not only unfair to us, but also is unfair to the community centre my wife has been volunteering in since June 2016."
A few hours after Declan submitted his complaint to Peabody, I discovered that there were no weekly transactions showing on our rent account since 26 August 2019. It had been since 18 May of this year. I have just taken another screenshot of our rent account: it is still showing no rent since 26 August 2019. Newham Benefits Service has also not provided Declan with a notification decision letter concerning a new decision on his housing benefit that came into effect over two weeks ago, on 3 June. Declan sent them a reminder about this last week, on 11 June. We couldn't have imagined this start to our periodic tenancy and remain braced for anything.
On Fri, 12 Jun 2020 at 11:07, CEO & MPCouncillor Enquiries wrote:
Good Morning
Thank you for your emails sent today, 12th June to Brendan, our CEO. I appreciate you also letting us know that your query has been answered by our Customer Hub Team.
I will make a note of your contact with us, but I will not be passing it on to be addressed further as you have received this response.
Yours Sincerely
Chelsey Smith | sent on behalf of CEO | Brendan Sarsfield
12 June: Threat to life: What are the chances that Peabody will serve us a 'no fault' Section 21 eviction notice sooner rather than later? We have had no weekly rent transactions showing since the day after our fixed-term tenancy ended on 17 May due to an ongoing technical issue with their customers' portal.
_____________________________
* This morning Peabody informed Declan that his stage one complaint will be responded to within 10 working days or he will be advised when he can expect to receive a reply. This is working day four and he has been told not to expect to hear from his case officer until next Monday (working day six) at the earliest.
Last month Declan prepared his pleadings against Peabody for filing with the court without further notice. In our current weekly periodic tenancy, we are making a calculated decision on a daily basis as to whether or not Declan will file these pleadings on the day.
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.
29 May: Threat to life: Declan has beefed up these full pleadings against Peabody to make clear that their conduct has destabilised our tenancy, inhibits our ability to exercise our rights, and poses a threat to his life. We are in a flat that falls under the Mayor of London's Rough Sleepers Initiative (WITH UPDATE 08/06/20)
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.
29 May: Threat to life: Declan has beefed up these full pleadings against Peabody to make clear that their conduct has destabilised our tenancy, inhibits our ability to exercise our rights, and poses a threat to his life. We are in a flat that falls under the Mayor of London's Rough Sleepers Initiative (WITH UPDATE 08/06/20)
Comparative screenshots
Peabody continues to insist that we have been offered like-for-like terms. Really? Their new clause 24 from section D, by no means our only concern, could force any RSI tenant into declaring bankruptcy in any number of scenarios.
Like for like? More comparative screenshots:
3 May: Peabody: The appalling terms of tenancy on offer. Today Declan is working on a pre-action letter to Peabody CEO Brendan Sarsfield under the Human Rights Act 1998 (WITH UPDATE 08/06/20)
Peabody continues to insist that we have been offered like-for-like terms. Really? Their new clause 24 from section D, by no means our only concern, could force any RSI tenant into declaring bankruptcy in any number of scenarios.
Our existing tenancy specifies one month's notice or four weeks' rent when we want to end the tenancy:
The tenancy on offer states that if we do not give Peabody one month's notice before we want to move out, or they do not explicitly accept a surrender of our tenancy in writing after we have given them a month's notice, we will remain liable for rent and service charges until the end of the fixed term:
The tenancy on offer states that if we do not give Peabody one month's notice before we want to move out, or they do not explicitly accept a surrender of our tenancy in writing after we have given them a month's notice, we will remain liable for rent and service charges until the end of the fixed term:
Like for like? More comparative screenshots:
3 May: Peabody: The appalling terms of tenancy on offer. Today Declan is working on a pre-action letter to Peabody CEO Brendan Sarsfield under the Human Rights Act 1998 (WITH UPDATE 08/06/20)
Who can say that Declan does not have opposition?
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 on 12 February. He has been waiting since 25 February for NatWest to confirm who subsequently cancelled the standing order and why his salary wasn't paid. His salary continues to be paid online by quick transfer from the business account to his personal account.
15 May: Royal Bank of Scotland: Despite his earlier dealings with the RBS Executive Response Team, Declan has been waiting almost three months 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)
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 on 12 February. He has been waiting since 25 February for NatWest to confirm who subsequently cancelled the standing order and why his salary wasn't paid. His salary continues to be paid online by quick transfer from the business account to his personal account.
15 May: Royal Bank of Scotland: Despite his earlier dealings with the RBS Executive Response Team, Declan has been waiting almost three months 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)
St Mungos management were repeatedly warned by their staff via Unite that their actions weere unethical, damaged the work of front line staff and were likley to be unlawful. The same senior managers remain in place https://t.co/ZSXwq3Xd81 #homelessness #ukhousing @labhomeless_cam
— UniteHousingWorkers (@UniteHousing) November 5, 2019
From My Picks
2 June: In the Matter of: Mr. and Mrs. Declan Heavey. Declan receives a character reference from America for the court and this blog that completely and utterly discredits the Mayor of London-commissioned St Mungo's smear documentation against him in particular. We are in a flat that falls under the Mayor's Rough Sleepers Initiative
I have looked at the long correspondence regarding your tenancy and clearly you have made a powerful case for the unconscionable behavior of the agency in control of your tenancy.
Donald A. Collins
Founder, International Services Assistance Fund
Declan taught PE in Glenstal Abbey, one of Ireland's top schools.
2 June: In the Matter of: Mr. and Mrs. Declan Heavey. Declan receives a character reference from America for the court and this blog that completely and utterly discredits the Mayor of London-commissioned St Mungo's smear documentation against him in particular. We are in a flat that falls under the Mayor's Rough Sleepers Initiative
"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
