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Hello my name is ***** ***** I will help you with this.
Just to be clear you had filed a certificate of service with the Court?
What is the basis of the hearing, is the Court not satisfied that the tenant has been served notice please?
Thanks Alex. The court state that there is no evidence of service. When filing the N5B I checked with landlord advice services, and my understanding was that an N215 is only necessary when there is no other proof and/or it was issued by another party. There was no N215 certificate of service, but there was the proof of delivery supplied by Royal Mail's own recorded delivery service, with her signature as proof she accepted it.
On the N5B in section 5 I stated it was served by Royal Mail Recorded Delivery on the date that it was signed for.
And this is what the Court is disputing?
Yes, I've been told in writing that there is no evidence of service and that I needed to have supplied an N215 form.
Well this notice is the notice seeking possession.
It does not mean that it is service of delivery
It means the actual notice itself
You then also exhibit proof of service
So that would be N215 or the copy of the recorded delivery slip
Is that what you did?
Yes I believe I did. I submitted the notice to quit (s21) in March, sent via recorded delivery. I attached the notice, marked 'C', and the proof of delivery copy, marked 'C1'.
Ok - that all seems in order
Who has decided there is to be a hearing?
Does the order say, upon District Judge xxx considering the papers etc?
I was told by the clerk on the phone that the judge made this decision. I can check the paper response in just a tick.
Well the difficulty is this.
You can appeal the decision but then you need permission to appeal and then go before a senior Judge and explain why the Judge below was wrong
To even appeal is going to cost you around £100 in Court fees just for permission
In any event its going to take longer than September to get an appeal hearing
By that time your other hearing probably would have taken place.
In reality its going to be longer and cost you more to go down the appeal route.
Even though I think you have an arguable case.
But if possession is granted when you attend I would not worry
So yes, you could appeal but you must get permission
Once you have permission there would be a substantive hearing
All that takes time
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
The paper response doesn't mention who made the decision, but the person on the phone did state the judge decided this... Well of course you need to be honest and I appreciate that you agree I would have a case. If only you were overseeing the case. But it's more important for me to get this done and it seems the system is designed to make any appeal a less productive course of action, so I have my answer. Is there no other route available to me to have someone look again and proceed with the accelerated possession order?
It must be an appeal
You can't set aside because there is no Court order yet
I am sorry
But does that make sense?
Hardly your fault. I think that's all we can say about this, and I appreciate your time and candidness.
Happy to help. If this does answer your question might I invite you to rate my service today
If the system wont let you or you need more help please click reply
Of course. All the best, Alex.