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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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How do I apply to vary a court order please? Order

Resolved Question:

How do I apply to vary a court order please? Order for possession (accelerated). Orders me to give up possession of property by 10 August. But there is a note that says "This order was made without a hearing. Within 14 days of its being served, either party may apply for it to be set aside or varied". I need 2 or 3 more weeks to be able to move, but I'm not sure how to apply to ask for it to be varied.
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.

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

Is it just to delay giving up the tenancy please?
Alex

Customer: replied 8 months ago.
Hello. Yes to give me chance to get moved out. I am away from home this week as my Mum has cancer and is recovering from a major op. And the court order came through to say we need to be out by the 10th. Am in the process of organising somewhere else to move to but need 2 or 3 more weeks.
Customer: replied 8 months ago.
Apologies for not seeing your reply straight away, I got called away. I filled in the defence form to ask for more time due to my Mum's illness and the order came back giving 17 days. I'm away for a week of that and trying to get a house purchase through but it's a bit tight timing wise.
Expert:  Ash replied 8 months ago.

Ok, if you want to vary the Order you need to do this by completing form N244:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n244-eng.pdf

There is a Court fee of £100 to pay

Can I clarify anything for you about this today please?
Alex

Customer: replied 8 months ago.
Thank you, ***** ***** Do I need to attach evidence to the form? As I'm away from home I don't have the Solicitor's letter re the house purchase. And/or do I need to prove my Mum's situation? She is currently in Intensive Care and not doing very well, so it's an anxious time. I am staying in a B&B nearby.
Customer: replied 8 months ago.
If possible, could you help me with these questions re completing the form please:
Q3 What order and why: What wording do I put here please, under these circumstances?
Q5 Should I ask for it to be heard by a hearing or not?
Q9 Who should be served with this application? (ie do I have time to serve anyone and if not, what to put here)
Q10 Should I just tick attached witness statement and state the circumstances (ie Mum in ITU and house purchase not complete for 3 weeks).Finally - can I send the form to the court by email? I have no printing facilities at the B&B and it's a tense time. If so what do I do about signatures for the form. Thank you.
Expert:  Ash replied 8 months ago.

Q3 - order be varied so possession by xxxxx date

Q5 - without a hearing

Q9 - Claimant

Q10 - yes that is fine.

No, cant go by email but must be sent to Court with your payment of £100 which is the application fee.

Can I clarify anything for you about this?
Alex

Customer: replied 8 months ago.
Thank you. ***** completed the form online, could I email it and phone the court to pay the fee?
Expert:  Ash replied 8 months ago.

I dont know, you may need to ask the Court about that.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 8 months ago.
Thanks very much - will do. Best wishes.
Expert:  Ash replied 8 months ago.

Thanks and all the very best. Alex

Customer: replied 8 months ago.
Just one more query please. Re Claimant and Defendant. At the top of the form I have filled in Claimant as Landlord and Defendant as myself, as per the original court order, and put the claim no. Question 2 asks if I am the claimant or the defendant. Am I still the defendant? Or as this is a request to vary am I now the claimant? Thank you.
Expert:  Ash replied 8 months ago.

You are Defendant, you will always be defendant. ALex

Customer: replied 8 months ago.
Thank you. Have also confused myself over question 10: Options are
Attached witness statement
Statement of the case
Evidence set out in the box belowI was going to use the box below for the brief witness statement, rather than attach something, so should I tick Attached witness statement or evidence set out in box below. And if I tick the last one, presumably evidence is not the same as a witness statement. Basically I just want to state the facts/reasons for needing a couple of extra weeks. Do I need evidence of the house purchase or my Mother's illness/condition. Or just tick "Attached witness statement" and use the box stating facts but no attached evidence.
Expert:  Ash replied 8 months ago.

I would attach as much evidence as you can. Alex

Customer: replied 8 months ago.
Thank you. So does that mean ticking both boxes then (Attached witness statement and evidence set out below to list the evidence?)
Expert:  Ash replied 8 months ago.

Yes. Alex

Customer: replied 8 months ago.
Ok thanks very much. That's all.
Expert:  Ash replied 8 months ago.

Great. All the very best. Alex

Customer: replied 8 months ago.
Just one more thing please. Q9 - who is to be served - as you said above, I put Claimant. Does this mean I have to serve a copy of this on the Claimant or is it asking the court to serve the Claimant please?
Expert:  Ash replied 8 months ago.

The Court will serve the Claimant

Customer: replied 8 months ago.
Thank you so much. I'm clear now.

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