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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Where a county court makes a order for possession to take place

Customer Question

Where a county court makes a order for possession to take place at 4pm on 13:6:2014. But person does nkt give up possession. Can the person still appeal within the remaining sevens of the 21 day appeal time scale from the court order on 30:5:2014.
If the council go for eviction can the court may a ruling on succession to tenacy which was not fully considered by the council and was not advanced at the hearing for possession?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is ***** ***** 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 : Is there a warrant of eviction? Did you seek permission to appeal at the possession hearing please?
Customer: Alex i did reply yesterday. There is no eviction warremt yet. Would the eviction court hearing be notified to my friend? I dont think shes recieved the actual court order. She was told to go home before the final order was made so no one asked about permission to appeal.
Alex Watts :

Ok - then yes you can still appeal

Alex Watts :

Whilst there is no live bailiff action you can appeal

Alex Watts :

Even if a warrant of eviction has been granted you could still appeal but ask the appeal Court to suspend any enforcement pending an appeal

Alex Watts :

You need to complete form N161

Alex Watts :

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

Alex Watts :

But ask the Court to suspend enforcement pending appeal

Alex Watts :

But YES you can appeal after possession order has been made but before eviction

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Alex thanks. My friends on benefits will she have to pay
Customer: when asking to suspend enfrcement can the court be asked to suspend the occupatio fee of £18:?? Per day that she has to pay till she has to leave kr succession granted.
Alex Watts :

You can ask the Court to do that, but really that would be determined at the appeal

Alex Watts :

Does that clarify?

Customer:

The order was made at Brentford County Court is that the court to put the appeal back too?

Alex Watts :

Yes it would be Brentford CC

Alex Watts :

Can I clarify anything else?

Customer:

Alex

Customer:

yes sorry, she has till 5pm friday to appeal, that would be 21 days from May 30th. yes? also if she does not appeal by then, shes a bit demoralised and not listenting to me. Can seh appeal out of time? If she does not appeal, will the court give notice of eviction hearing date or is it ex parte? If she knows the date and goes to court can teh eviction hearing judge determine the issue of succession?

Alex Watts : You need leave to appeal out of time so would need to ask the judge.
Alex Watts : The eviction date is given by the court and sent to both sides, it's not ex parte but also no hearing.
Alex Watts : The judge of appeal won't determine succession, they will just decide whether the judge below got the decision wrong
Alex Watts : Does that clarify?
Customer:

The judge who order possession was not asked to consider succession. As her legal reps said it was to hard to prove and she should just accept shes losing the house. She was then let go and has not recieved the official order yet.

Customer:

I guess teh appeal judge can order that the court considers the succession as they did not initially consider?

Alex Watts : Yes the appeal judge could.
Alex Watts : Does that help?
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 2 years ago.

Alex, many thanks. my firend is demoralised. I think that she not going to appeal in time. Shes afraid of the costs, ie appeal costs, rent, daily occupation charge etc. I suppose at the eviction hearing the judge would just agree a final move out date for the bailiffs to act or not before and that no further decussion on the merits or otherwise of succession could be made.


But thanks for your help. She may change her mind by Friday.

Expert:  Ash replied 2 years ago.
There is always a risk of costs. Good luck with this

Alex

Customer: replied 2 years ago.

Hi Alex


My friend is very demoralised can she appeal out of time? She should have apepaled last friday. can the judge at eviction court rule on succession?


Many thanks


chris

Expert:  Ash replied 2 years ago.
She woud need to seek leave to appeal out of time. The judge can consider succession if it was raised at the court below,

Alex

Customer: replied 2 years ago.
Alex many thanks her lawyers did not raise succession at tge initual hearing. They didnt folliow her instructions.
Expert:  Ash replied 2 years ago.
Yes indeed, good luck.

Customer: replied 2 years ago.
Alex apologise just to be clear on appeal the judge can consider successoon dispite the fact that her lawyer did not put it before thw judge initially.
Expert:  Ash replied 2 years ago.
The judge can but it would be rare to consider new evidence.

Alex

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