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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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In an action for possession under section 21 and followed by

Customer Question

In an action for possession under section 21 and followed by a section8 for accelerated procedure, how many days do I have to appeal both the section 21 and the judges decision where the court allows a hearing to determine length of time to vacate.
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Could you explain your situation a little more?

Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and 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.
Alex Watts : You can not appeal a section 8 or a section 21 notice as these are notices seeking possession.
Alex Watts : If the judge has made a decision on the back of these notices being served or you wish to appeal the Jusges' decision then you have 21 days to do that.
Alex Watts : However you do need permission to appeal. I assume you were in front of a District Judge and therefore you need permission from a Circuit Judge,
Alex Watts : You need to complete form N161 and send it to the Court with the required documents.
Alex Watts : The court would then consider the permission to appeal on the papers. If this is allowed then a hearing date will be set down for the substantive appeal itself.
Alex Watts : If permission is refused then you can ask for an oral permission hearing and the court will set this down before a circuit judge who will decide whether or not to give you permission to appeal.
Alex Watts : But 21 days is the time limit from the date of the decision.
Alex Watts : Can I clarify anything for you about your question today? If not, can I invite you to rate my service which I hope has been excellent. If you need more help then please click reply. Thanks - Alex
Customer: replied 3 years ago.

"For Jo C.".


Hello Jo, I have a complex one here admittedly.


To get a full picture of the problem I would probably need to foward to you a copy of the file that I submitted to the court when the section 21 and the accellerated procedure was served on my family.


However at this point let me say that I have made the case to the judge that we have faced various forma of harrassment form several parties related to this matter and that ultimaly they have got the land lord to use this process to oppress myself and family and that in making us homeless, I also loose custody of my two boys.


I am due to got to court at 2pm tomorrow. The judge made the decision sometime late last week as we got the papers midweek. However as this case is politically sensitive they are rushing it through thus I have had no time to arrange a solicitor or understand the procedure to appeal.


I need to ask for either an adjurnment or the right to appeal and since the de4cision was taken last week I am not sure if I have 14 days to repond to this matter and why is this matter coming before the courts so soon if I do have 14 days to appeal.


This is the crux.

Customer: replied 3 years ago.
Relist: Other.
Still waiting for answer
Expert:  Ash replied 3 years ago.
I answered your question above, unless you have further questions?

I should add if the judge has not made the order for possession you can ask for permission to appeal at the hearing itself. Alex

Customer: replied 3 years ago.

Thanks for the update. The problem here is also that having made the decion to grant the section21 / section 8 I have not been given time to repond and if I have 21 days then surly the court should have waited for at least that before setting a date for the special circumstances hearing. Now that the date has been shifted so fast to the 22nd October I have no time to make legal arrangement. So what other course of action can I take apart from appealing in the manner you described ?

Expert:  Ash replied 3 years ago.
You can't appeal a section 8 or 21 notice. The court has to be satisfied that the grounds are made out for possession and that the notice has been properly served etc. you can defend on the ground and the court can set the matter down for trial, as long as the are not mandatory grounds. Alex
Customer: replied 3 years ago.

Hello Alex I have seen your statement of the issues related to the order, however if I can appeal with 21 days why is the matter set down with 5 days ? This has meant that I have not been able to arrange legal assistance.

Customer: replied 3 years ago.
Relist: Other.
I have one futhure question

To ALex please explain if I can use the following in my case

It is being reported (on the nearlylegal blog) that the case of Khela (by his LPA receiver) v Dainter has been given permission to be heard before the Court of Appeal. Assuming that this case is not settled then it is potentially of great importance to private sector landlords. This is because the tenant in that case is challenging the service of a section 21 notice by the landlord and the subsequent use of the Accelerated Possession Procedure in the County Court under Article 8 of the European Convention on Human Rights.

Expert:  Ash replied 3 years ago.
You can ask for an adjournment. You have 21 days from the date of the possession order to appeal, that is what I am saying.

You can ask the court to adjourn the hearing for consideration of the above case and to get legal representation. Alex

Customer: replied 3 years ago.

I called the court and was told that I request a setting aside of the judgemnet and request an adjournment. Now considering what you know let me add that I have every intention of sueing sussex police and horsham council and other related services for their sexist and prejudicial behaviour in the matter I am describing above. Should I get an agreement from the JUdge then I will need a solicitor. Whatever the case I will need a legal representative. Can I ask for your view on this onw please Alex. I am in Horsham.

Expert:  Ash replied 3 years ago.
If Judgment has already been entered then you can only appeal. You can not just set aside because you are attempting to re-litigate on decided matters, you should appeal.

Yes can of course as for my view when you have the papers.

If this answers your question, please take a moment before you leave and rate my service, which I hope has been excellent, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex

Customer: replied 3 years ago.

How can I show you my statement to the court ?

Expert:  Ash replied 3 years ago.
You can attach it here or email [email protected]

But if there has already been a Court order for possession you need to appeal, you can NOT apply to set aside so there is no point. If there is no Court order for possession then you can show me the statement. Alex

Customer: replied 3 years ago.

Would you like to see all the paperwork can paste. I am happy to pay more for you time Alex. I will be away for a while arranging the douments.

Expert:  Ash replied 3 years ago.
You can show me your statement which will be enough. But it probably will not change my answer. Alex

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