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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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I lost a counter claim for £30,000 on the county court for

Resolved Question:

I lost a counter claim for £30,000 on the county court for illegal rent increase, harassment and property disrepair and now that my legal adviser has left the organization assisting me I need urgent help with the following:
-Which is that fastest way to obtain and appeal order to stop an imminent eviction from the crown/appeals court?
-The Housing Association has already admitted in writing that the 43% rent increase in 2011 within 6months of tenancy was an error however, they have only done so after obtaining the possession order and never provided any reasons for increasing the rent nor have they provided calculations for the £470.84 credit into my rent account which is roughly ten percent of the rent overpayment.
-In the county court they denied that the property was in a state of disrepair but now I have written confirmation that subcontractors have been instructed to repair walls with damp.
-Finally, the amount of rent owed supplied to the bailiffs is £700 higher than the actual amount in the rent statement.

Please help,
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Did the judge give you reasons why you lost the counter claim?
Alex Watts : On what basis do you want to appeal? Do you disagree with the decision I assume?

Hi Alex,

Alex Watts : Hi

Although on the first hearing the first judge accepted that the rent had been illegally increase and ordered both parties to bring calculations of rent overpayment in order to assert who owed money to whom but the second judge was not interested in any calculations. She asked questions to both of parties and accepted as face value everything which the housing association representative said.


I feel I have good grounds to appeal as not the housing association has confirmed in writing that the rent should not have been increased and that the property needs damp proofing. I also have mold and a white powdery substance on the walls.

Alex Watts : Did you seek permission to appeal?

No, I haven't

Alex Watts : When was the hearing?

The last hearing was on 21 February 2014

Alex Watts : its bad news I am afraid. You need to lodge papers for appeal within 21 days.
Alex Watts : Even though you are in person case law shows that lay people must comply with court rules?
Alex Watts : In any event, you are only able to appeal if you can show
Alex Watts : There was an error in the law the judge applied, there was an error in court procedure or the decision was so unreasonable no judge could have made it.
Alex Watts : You need to seek leave for permission to appeal out of time
Alex Watts : You need to complete an appeal form N161

How do I do that?

Alex Watts : You need to seek leave to appeal out of time first, the box is on the form.
Alex Watts : You first ask for written permission to appeal. If this is refused on the papers you can ask for an oral hearing.

In which court

Alex Watts : But complete form n161 with the grounds.
Alex Watts : Ths is available from the court website.
Alex Watts : If this is refused then you then can only appeal to the court of appeal,
Alex Watts : Can I clarify anything for you about this today please?
Alex Watts : County court which heard the case.

Will they still be able to remove me from the house in the meantime?

Alex Watts : Can I clarify anything else?
Alex Watts : Yes unless you ask for a stay of enforcement on the appeal form.
Alex Watts : But really you have left this very late to do
Alex Watts : Yes if there is a court order.
Alex Watts : You need to ask for stay of execution on the appeal form.
Alex Watts : You have left this rather late
Alex Watts : Can I clarify anything else?

Unfortunately, the Law Works advisers did not tell me any of this even though I have been using them since January


Is there such a thing as a 'sitting eviction?

Alex Watts : Ok. Can I clarify anything else for you?
Alex Watts : No
Alex Watts : if there is a court order, you can be evicted.

Ok! Thanks for your help.

Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help:


Alex Watts : All the best with this.
Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
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