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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Which appeal form for County Court s204 housing act

Resolved Question:

I am a homeless person and getting assistance from my local council. They made me a final offer to discharge their housing duty, but the offer was not suitable due to its bad physical condition. I refused the offer and asked for a review. They upheld their decision to discharge their duty in the review. I need to make an out of time appeal against the decision of local authority in county court. I want to ask that which forms (forms number) I need to submit in the county court to initiate the proceedings under section 204 of the Housing Act 1996?

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know what type of proceedings are you considering, is it Judicial Review?

Alex Watts :

Have you taken any other steps save for the appeal yet please?

Customer:

Hi, when I requested a review under s202 of the Housing Act 1996, Council upheld its decision that its duty to rehouse us is discharged. Then I was given 21 days to appeal against the decision of review in the County Court. I submitted an appeal by submitting just Appellant's notice N161 along with grounds of appeal and skeleton argument. After that I never heard anything back from the court. Recently I visited the County Court to ask about my appeal and shown them my copy documents, I was then told that I used the wrong form to initiate the proceedings against the Local Borough Council.

Alex Watts :

Yes you have. Let me just get the right form

Customer:

I now have to resubmit my case under section 204 , Practice Direction 52D para 28.1

Alex Watts :

It is this form: N208

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf

Customer:

As I have already submitted Appellant's Notice N161 within 21 days time limit, will my appeal be considered out of time? if yes, then is there any other form I need to use for permission to appeal?

Alex Watts :

No you should be ok - because it was a technical error - you had actually submitted it within 21 days albeit the wrong form

Alex Watts :

You don't need to ask for permission at this stage and in any event it would be granted because you complied initially with the time limit

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

When I submit this claim form, do I need to pay the full court fee as I have previously paid it when I submitted the N161.

Alex Watts :

No, you can just say that you already paid the Court fee, but I would go down to the Court and explain

Alex Watts :

If the appeal was never issued then you wont have to pay again

Customer:

Do I need to prepare another 3 sets of document bundle with this form or the Court will locate those previously submitted form? If that can be done, do I need to include a covering letter?

Alex Watts :

Just file the Form N208, complete any witness statement or evidence. produce 3 copies and then include a covering letter if you are not going to hand them at court yourself

Customer:

Ok, thank you so much for your help. I really appreciate it.

Alex Watts :

Can I help with anything else today?

Customer:

No I am done. Many thanks.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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