Fraudulent Misrepresentation + Judicial Collusion = illegal eviction today at 8am!

[TheWizardatCG]

 

I want to provide you with a comprehensive overview of the circumstances surrounding a horrific experience in relation to my tenancy agreement, disrepairs, negligence, discrimination, harassment, exploitation of prostitution, possible collusion with authorities and an illegal eviction process coming from a third party I have never met before, nor have any contractual obligations with but still managed to make my life a living hell, to the point of knowingly compromising my health taking me to situation of real threat to my life.

As an asylum seeker currently facing an imminent threat of homelessness. I bring to your attention the severe implications this poses to my health and general well being, especially considering my status as an individual diagnosed with HIV infection, recognized as a disability under the Equality Act 2010

I would like to draw your attention to several irregularities in the eviction process that warrant urgent review:

a. **Misidentification of the Landlord:**

The eviction notice was pursued by Company B ltd, a different entity from the one named in my tenancy agreement (Company A ltd.), and giving me physical possession of the premises in the first place; nor is referred granting rights or administrative powers. Copy of the tenancy agreement also copy of their register at Companies House to prove they are 2 different entities, they even have different parent company (person of significant control) . Also I have a Demand of Rent sent to me by tne Letting agency where undoubtably mention acting on behalf of Company A Ltd, Also in the bundle of necessary legal documentation, The Privacy Notice clearly states its the same Company A Ltd the controller of my personal data. 

Also there is breach of contract, due to a fraudulent misrepresentation regarding the falsely named landlord in the tenancy agreement. The illegal acquisition and sharing of my personal data by these two companies have severe legal ramifications, particularly concerning the eviction process initiated against me. The entire eviction process becomes void and invalid since it originated from an illegal acquisition and processing of my personal data. And on the Fire Safety Procedures it is stated is Company C Limited (a 3rd participant in this charade) the landlord of my building and responsible for running those fire safety procedures. The saddest thing is the County Court failing to recognize this great procedural mistakes. 
 

- **Legal Grounds:**

According to Section 44 of the Landlord and Tenant Act 1987, I have the right to be given the correct name and address of my landlord, also the landlord's correct identification is a statutory requirement in eviction proceedings, and any discrepancy raises questions about the validity of the entire process.

The Misrepresentation Act 1967 is a statutory framework in the UK that addresses various types of misrepresentation. It allows for remedies such as rescission and damages in cases of innocent, negligent, or fraudulent misrepresentation
 

b. **Breaching Visa Regulations:**

I was provided with a 3-year contract while still under a tourist visa, unknowingly engaging in an illicit act. But they did know, that is their purpose of business. Now, having a wider understanding of UK law, it looks like they did this intentionally, knowing they could have evicted me without a proper eviction process, using in their favour, provisions found in the Immigration Act 2014, which possibly constitutes fraudulent misrepresentation.

Just after one year in the flat, when the market post-covid picked up, i got a communication form the managing agency. Where she is asking for my right to rent or shared code to run the search, at that point I became aware of that requirement. I gave the shared code and she ran the search, under Company A Ltd's name (as it is this company who i gave permission to use my personal data), finding to their surprise,, at that point I had right to rent, coincidentally a few weeks after I was served the first eviction notice, arising suspicions of a premeditated act signing the contract under the believe they will be able to get out of it easily using the aforementioned provisions, and expedite the eviction without the formalities required by the habitual protocol.

- **Legal Grounds:**

The Immigration Act 2014 regulates right to rent, and the landlord's duty to do periodic searches on the migratory status of their tenants. Tthe breach of visa regulations can have implications on the validity of the tenancy agreement and subsequent eviction proceedings, or criminal prosecution

The Misrepresentation Act 1967 is a statutory framework in the UK that addresses various types of misrepresentation. It allows for remedies such as rescission and damages in cases of innocent, negligent, or fraudulent misrepresentation
 

c. **Failure to Provide Essential Documentation:**

As we all know, the eviction notice under Section 21 requires strict adherence to protocol, including the provision of necessary documentation. The documents provided did not mention the name of the party pursuing the eviction, invalidating the process. The documents I got were sent in an email from Andrea Wasem at the letting agency Tavistock Bow, in that bundle I found the Privacy Notice naming Company A  Ltd, as the entity accountable of my personal data protection, also the Rent Demand names the same Company A Ltd., as the entity receiving the my rent payments. Even if the rest of the documents don't name neither/or, the fact the 2 aforementioned specifically named a different party from the one issuing this eviction notice, makes this notice void from origin. 

- **Legal Grounds:**

The eviction notice under Section 21(1)(b) of the Housing Act 1988 outlines the requirements for serving a valid eviction notice. Failure to comply renders the notice invalid.

d. **Court Oversight:**

The Central London County Court failed to identify discrepancies in the definition of the landlord, and failed as well to identify the essential Documentation was wrongly provided, validating the flawed protocol and raising suspicions of collusion with an economic power. With all this the Court also failed to acknowledge the claimant obtained my personal data illegally presumably from the company I signed the contract with, Company A  Limited, (find privacy notice given by Company A  Ltd, which in this case, failed to protect my personal data, in breach of my right to have a personal and family life.

The court also failed to respond my FOI request submitted on the 27th Oct 2023, demanding the video from the hearing where the notice of possession was granted followed by notice of eviction. As I consider a key piece of the puzzle to prove all the procedural mistakes leading to this illegal and discriminatory eviction.
 

- **Legal Grounds:**

Rule 39.2(4) of the Civil Procedure Rules emphasizes the court's duty to ensure the correct parties are involved, and any oversight questions the legality of the eviction process.

e. **Unaddressed Disrepairs:**

I reported serious disrepairs from the beginning, since day one I moved in, such as a broken shower tab, bathroom windows without double glazing and not able to close properly allowing draughts inside, and a dip in the roof on top of my head, causing water ingress down to the flat (find emails to agent and L.H.A reporting disrepairs. I reported this to my LHA, Westminster City, since June 2022. Before the Eviction Notice under S21 was served to me in October 2022, making this notice illegal from origing under the provisions of the Deregulation Act 2015. I had to report the same disrepairs in 4 different ocassions from day one i moved in, until today, finally managing to get an Improvement Notice on the LandLord this past October 2023 (find L.H.A Improvent & Hazard Awareness Notices ). So the Landlord is legally prevented from issuing any notice as it will be considered Retaliatory or Revenge Eviction.
 

- **Legal Grounds:** Sections 11 and 20 of the Landlord and Tenant Act 1985 impose obligations on landlords to address and rectify disrepairs promptly. Failure to do so has adverse consequences.

Disrepairs affecting the habitability of a property are addressed under the Homes (Fitness for Human Habitation) Act 2018 and related regulations.
 

The Misrepresentation Act 1967 is a statutory framework in the UK that addresses various types of misrepresentation. It allows for remedies such as rescission and damages in cases of innocent, negligent, or fraudulent misrepresentation.

Under the Consumer Rights Act 2015, I have the right to expect that the property is of a satisfactory quality, fit for purpose, and that services provided, including repairs, are carried out with reasonable care and skill. The persistent disrepairs and the landlord's failure to address them despite of an improvement notice, represent a breach of my consumer rights.
 

Sections 33 to 41 of the Deregulation Act 2015 are provisions providing safeguards for tenants who make legitimate complaints about the condition of the property, and they aim to prevent landlords from evicting tenants as a form of retaliation.

Here are some key points from the legal framework:
 

Section 33 - Prohibition on Retaliatory Eviction: This section establishes that a landlord cannot serve a Section 21 notice (a notice seeking possession) in response to a tenant's complaint about the condition of the property.

Section 34 - Tenant's Right to Repair: Tenants have the right to request that their landlord carries out repairs to the property. If the landlord fails to respond, the tenant may have the right to arrange for the repairs to be carried out and deduct the cost from the rent
 

Section 35 - Notice Procedures: If a tenant makes a legitimate complaint about the condition of the property, the landlord must respond within 14 days. The response should either confirm the intended action to address the issue or explain why no action will be taken.

Section 36 - Retaliatory Eviction Orders: If the local housing authority determines that a complaint made by the tenant is valid and the landlord has failed to address the issue, the authority can issue a Retaliatory Eviction Order. This order prevents the landlord from serving a Section 21 notice for a specified period
 

f. **Health Implications:**

The unsatisfactory living conditions caused by the dip on top of my roof, including mould and dampness, exacerbated by a broken shower faucet and having to transit between my warm bedroom and the cold and poorly insulated bathroom, have led to two different acute pneumonia episodes within 10 months. First one in May 2022, with a 7 days stay in the hospital, 4 of those in state of a coma inside the Intensive Care Unit at St. Thomas's, and a recovery period of 6 months.

Second one in February 2023, with a 4 day stay back at St. Thomas's Hospital with associated kidney failure; doctors gave me 6 months recovery period again. Even if the claimant and the managing agency were aware of the situation, the problems continue growing bigger, and it's in my believe, the case of criminal negligence, being actively engaging in illicit activities to complicate my everyday life making very uncomfortable to live there and adversely affecting my health and wellbeing.

When I moved in, I was so full of hope thinking I was going to be able to find a new home that will ground me to this incredible country, reorganise and remake myself overcoming all challenges that a forced migration under Covid-19 pandemic supposed. Instead, I had engaged in this emotionally exhausting process of reporting disrepairs and the constant stress not to upset the landlord to much and being perceived as an annoying tenant.

I was looking forward to enjoy the rush and excitement of decorating and making my home cosy and warm. Instead, I had to spend an entire year of my life, recovering from the pneumonia.

In May 2022 I almost died after a septic shock that put me in a coma for 4 days, I have seen what's in the other side, I took that one first breath again when coming back, for what? I lost my full respiratory capacity, and have now a chronic dry cough, I had to stop physical activity for a year while recovering in combination with the emotional distress from my new reallity and the constant harassment coming from the claimant and their allies caused enormous insecurity issues after gaining over 40 pounds in weight and body fat, entering in a spiral of self hate and helplesness. Because of this I haven't been able to perform the activities related to the means to provide for myself, leading to a financial bankruptcy adding up to this self destructive spiral
 

- **Legal Grounds:** The Equality Act 2010 recognizes HIV as a disability. The health implications resulting from poor living conditions should be considered under this legal framework, particularly in light of Section 15 which addresses discrimination arising from disability.
 

Additionally, the Housing Act 2004 includes provisions to ensure that housing conditions do not adversely affect the health of occupants
 

g. **Denial of Right to Postpone Hearing:**

Despite my compromised health attending the hearing on the 7th March 2023 (just 3 weeks after being discharged from Hospital), the court denied my right to postpone the hearing, the honorable judge presiding didn't even bother reading my doctor's letter, or took in consideration I was attending the hearing assisted by a suplementary oxygen tank, he excused himself by saying: I can see you are unwell, then he asked the claimants barister what was his oppinion regarding rescheduling the hearing, barister replied: "We are all already herek we should carry on", following the judge decided to carry on with the hearing.  Leading to an unjust possession order. Find the discharge letters and the doctor's letter addressing my health situation, recovery period and recommendations, find also technical chart on the side effects the medication I was prescribed 
 

- **Legal Grounds:** Rule 3.1(2)(a) of the Civil Procedure Rules grants the court the power to adjourn hearings for fairness, and the denial of a fundamental right requires examination under the applicable legal framework.

h.** Breach of My Right to Private and Family Life.**

As per documents sent via email by the real state agent at Travistock Bow Ltd. the company to which I authorized to hold and process my personal data is Shaftsbury CL Ltd, as it states in the Privacy Notice included in that email. Therefore the claimant obtained and processed my personal data illegally.

I also received a letter on the 13th May 2022 from the claimant's solicitors, on note 5 says they have concerns about my online presence as a gay male prostitute, which apparently they were monitoring, they even mentioned my personal Twitter.com (now known as x.com) page: @__________, saying they found photos and video graphic material, presumably shot at the premises, raising suspicions I could be running a business. .

- **Legal Grounds:** Invasion of privacy according to the Data Protection Act 2018, and exploitation of prostitution concerns. When Landlords are aware the only source of income of a tenant comes from prostitution, they are committing Exploitation of Prostitution since they are making profits from immoral earnings according to relevant legal references included in the Sexual Offenses Act 2003

 

i. **Survival Enviromentally Oriented.**

On top of my flat I have a roof terrace on which I have a garden where I grow and harvest many of the vegetables I consume. In addition, I have a rescue and relocation program for ornamental plants. I basically rescue the plants that are being replaced by new season ones, and I take care of them while I find a new home for them. In exchange, I accept donations of clothing, cleaning supplies, food, etc.

In addition I do this using power from solar panels and through shade sails and a series of gutter pippes I collect rainwater to irrigate the plants via a dripping system, with the benefit of obtaining pure, naturally filtered water after forcing it through the plants while conducted by a system of artificial water falls and mazes filled with hydroponic pebbles growing good bacteria in charge of digesting organic mass, and the plants do the rest by taking nitrates and phosphates I use reclaimed plastic crates instead of pots for the plants, helping the City reusing plastic that otherwise would be just waste.

I'm also contributing with this country by developing new technologies to help the environment. I'm helping the City of London by consuming most of the rainwater I collect, I give release to the sewer system, and the water I goes to the drain is been treated and filtered first, so I return clean water. One square meter of green wall or vertical garden is able to generate up to 5-6 litres of oxygen per day. I have roughly 60 square meters of vertical garden on the terrace, being able to produce up to 360 litres of oxygen per day

If the Court allows the claimant's illegal action, will not only have me homeless, but also unable to procure myself with my basic needs as I will be also loosing my mean to get some of my food and financial aid.

- **Legal Grounds:** The law governing authorities' legal obligation to prevent decisions from exacerbating the vulnerability of individuals, especially those with pre-existing health conditions, is primarily found in the Equality Act 2010.

Key provisions of the Equality Act 2010 that are relevant to preventing discrimination against individuals with pre-existing health conditions include
 

Prohibition of Discrimination (Section 13): Section 13 of the Equality Act 2010 prohibits direct and indirect discrimination, harassment, and victimization based on a person's protected characteristics. Disability is one of the protected characteristics, and individuals with pre-existing health conditions may be covered under this category.
 

Duty to Make Reasonable Adjustments (Section 20): Section 20 imposes a duty on service providers, including housing authorities, to make reasonable adjustments to ensure that disabled individuals are not placed at a substantial disadvantage. This duty includes adjustments to policies, practices, or procedures that may indirectly discriminate against individuals with disabilities.

 

Public Sector Equality Duty (Section 149): Section 149 sets out the Public Sector Equality Duty, which requires public authorities, including housing authorities, to have due regard to the need to eliminate discrimination, advance equality of opportunity, and foster good relations between different groups. This duty is applicable when making decisions that may impact individuals, especially those with protected characteristics.
 

Housing-Related Duties (Schedule 16): Schedule 16 of the Equality Act 2010 contains provisions related to housing, including the duty of public authorities to have regard to the need to reduce or eliminate inequalities of outcome that result from socio-economic disadvantage.
 

When dealing with decisions related to housing and accommodation, authorities are expected to consider the impact on vulnerable individuals, including those with pre-existing health conditions, and take steps to avoid exacerbating their vulnerability.

Civil Procedure Rules, Part 3

The CPR Part 3 outlines the general rules governing the court's powers to control the progress of proceedings and considers the overriding objective of dealing with cases justly.

Summary:

The bailiffs are supposed to come take possession of my flat by today at 8am.

I desperately need some guidance on what should I do to prevent this... I already submitted a notice of appeal, but havent got any information if it was accepted.

no Im finishing submitting an Injunction.

I would very much appreciate any advice.

I have all documentary evidence to support my case, if you need something I can post it redacted.

 

[honeybee13]

Hello, welcome to CAG. I'm sorry to hear about your problem.

This isn't really my field but if you're made homeless then the local council are the people to talk to.

HB

Help from your council if you’re homeless or at risk of homelessness - GOV.UK

WWW.GOV.UK

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Get help and advice from your local council if you're homeless or about to lose your home.

 

[TheWizardatCG]

They wont advise me at this stage as I am not yet homeless 

[honeybee13]

What happened this morning?

The other people you can talk to are Shelter or organisations that help asylum seekers.

HB

[stu007]

Hi

As you posted this on Monday and stated the Bailiffs were coming to take possession of your Flat by 8am has this happened?

You seem to have left this since October 2022 when you were served the S21 Notice till now and looking at different legislation to prevent this.

For the Bailiffs to be involved the CCJ granted a Possession Order would have a time limit for you to leave the property which I assume you did not so the Landlord went back to the Courts to employ the services of the Bailiffs to Evict you from the Property as you had not left as per the time limit on the Possession Order.

You mention you are appealing this but have you heard anything yet?

You also mention submitting an Injunction exactly what for?

You were served a S21 Eviction Notice in October 2022 for what reason and were you re-served this S21 Notice since that date?

Evicting tenants in England: Section 21 and Section 8 notices - GOV.UK

WWW.GOV.UK

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Information for landlords in England on tenant eviction: assured shorthold tenancies, including eviction notices, Section 21, Section 8, accelerated...

Exactly what date was your Possession Order hearing?

You mention the Landlord was served by the LHA an Improvement Notice in October 2023 is that date correct? (note this would not stop the Landlord continuing down the S21 route from October 2022)

You keep mentioning the Landlord has Shared Data it if fully in there Privacy Policy who and why they share Data which is correct and if you feel they have breached that them you make a Complaint to the Information Commissioner Office (ICO) (but IMO they have made no breach reading there Privacy Policy)

Make a complaint

ICO.ORG.UK

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If you have a concern about the way an organisation has handled your personal information or you have an issue accessing information from a...

There is no way for me to approach this question but to ask you state:

I also received a letter on the 13th May 2022 from the claimant's solicitors, on note 5 says they have concerns about my online presence as a gay male prostitute, which apparently they were monitoring, they even mentioned my personal Twitter.com (now known as x.com) page: @__________, saying they found photos and video graphic material, presumably shot at the premises, raising suspicions I could be running a business.

Is what they stated above correct? (you do not have to answer this on a public forum it is entirely up to you)

I have to agree you need to contact Shelter or any Asylum organisation is your local area to assist you with this.