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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Where a legal rep and barrister refused to call a witness or

Customer Question

Where a legal rep and barrister refused to call a witness or produce documents which showed that a person had resided fir more than a year caring for their mother in a court where the judge orders possession within 14 days can the decision be appealed?
My friend was paid under direct payments to care for her mother. She kept another tenancy because she was told she could not ljve with her mum and be paid as carer. But she had to to provide care. The mother died. My friend applied to succed tenanch but was refused for want of formal evidence ie voters reg. Bt bill etc. But she can show amazon invoices and gp letters etc.
Can the court be asked to set aside the possession order and to grant the succession tenavh?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

I assume the legal rep and barrister was on her side please?

Customer: Yes they where on her side! They were asked to make the case for succession. But said it 2014 and the council needed houses and agreed14 days to move out.
Alex Watts :

Her side? Who do you mean by her? For the Council or your mother?

Customer: Hi they where on my friends side. My friend was looking after her late mother. The council sought the possession order.
Alex Watts :

Were they the tenant please?

Customer: Alex apologies for the delay. My friends mother had tenacy from november 1983. My friend her daughter was not as ehen the council said they would pay her to care for the mum. They said she could not live with mum. But mum needed the dsughter to live there in order to stay in her home. The council did not aply the exception to pay my friend. So she could live with her mum.
Alex Watts :

Apart from Amazon invoices, can she prove she was living there?

Alex Watts :

Does she have utility bills there?

Customer: Hi all she has inaddition would be letters from her mums GP. the mums mental health team who looked after her dementia. Letted from macmillan and out of gp service who came out at unsocial hours.
Alex Watts :

She has evidence she had been living there?

Alex Watts :

But her legal reps failed to show this to the Court?

Customer: Yes they just asked for the 14 days.
Customer: Is it posiablr to ask the court to set aside the possession order and eithet a direct the council to consider the evidnce from gp etc or b for the judge to decide the matter of succession?
Alex Watts :

On what basis did they ask for 14 days rather than fight for possession please?

Customer: They told her that the council needed the house. I had written a statement aetting out the facts as above. They said they would not call me as a witness and did not use my statement either.
Alex Watts :

So they went against her advice?

Alex Watts :

Yes she could certainly appeal this decision

Alex Watts :

As there was a hearing then she can not apply to set the order aside it must be an appeal

Alex Watts :

She needs to complete form N161

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n161-eng.pdf

Alex Watts :

She also needs to apply to the Court for a transcript of the proceedings

Alex Watts :

She sends the documents to the Court and must do this within 21 days and seek permission to appeal on the papers

Alex Watts :

If this is refused she can ask for an oral hearing

Alex Watts :

If this is refused an oral hearing then her only chance is to appeal to the Court of appeal

Alex Watts :

But she can appeal the decision yes

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Thanks. She needs to be out in 14 days but appeal within 21. I guess they wil then go crt for eviction ordet. Does she appeal to the same county crt?
Alex Watts : Yes she appeals to the same court.
Alex Watts : But if she does not move out they can seek a warrant of eviction that will further delay it by several weeks.
Alex Watts : If this answers your question might I invite you to rate my service today. If the system won't let you please do say.
Alex Watts : If you need more help please click reply.
Customer: So she can lodge an appeal await the concluesion of the appeal before moving out pending a the outcome of the apeal and the time to get the warrent of evictiom. So best thing is to appeal then i think.
Customer: Also would the court make a decision on succession on appeal and not the council.
Alex Watts : Yes indeed. The court can make a decision whether or not to allow succession yes.
Alex Watts : The court can refuse to give possession on that basis.
Alex Watts : Does that clarify matters? If so please remember to rate my answer, thanks,
Ash and other Law Specialists are ready to help you
Customer: replied 3 years ago.


Alex


My friend is demoralised by the whole affiar. But if she does not leave and the council ask for a eviction order. Can the court considering the eviction order determine succession issues?


Also can the council be asked to consider the succession again i.e. can they not act on the possession order and reconsider the matter?


many thanks


chris

Expert:  Ash replied 3 years ago.
Yes. But she needs to appeal.

Alex