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JimLawyer, Solicitor
Category: Property Law
Satisfied Customers: 13897
Experience:  Senior Associate Solicitor
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Please can you help, thanks! This is a landlord/Tenant

Customer Question

Please can you help, thanks!
JA: Where is this? It matters because laws vary by location.
Customer: This is a landlord/Tenant matter, we are the tenants. There was a hearing that took place on Thursday 27th May where the DJ ordered me the husband not to speak as McKenzie Friend as the Defenedant, my wife was not present due to her current medical condition (anxiety & depression) as advised by het GP. Howvere, the claimant's (landlords) solicitors put their case forward and DJ made a decision. The absence was due to the guidance I (the husband) received from Kingston Crown Court over the phone prior to the hearing where I wanted any distres to my wife. The DJ went along with claimant's solicitors arguments and made the judjment. Since then I have made an official to Kingston CC, they have contacted me by e-mail giving the correct guidance. Now that I
JA: What steps have you taken so far?
Customer: This hearing was the result of a hearing that took plce in May 2020 where we submitted the N244 to set aisde the decison of the then DJ. Since the defendant was not present at teh current hearing the new DJ made a decision, based on one side of the argument, Can I submit anothe N244 when the Court papers arrive from the current hearing?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yes, my wife is the tenant of a small business premisses in Raynes Park, SW20. is there any possibility of my applying with another form N244 for a further hearing, thus seetingaside the concusions of thehe hearing of May 27th 2021 where the defendant will be present?
Submitted: 17 days ago.
Category: Property Law
Expert:  Virtual-mod replied 16 days ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  JimLawyer replied 16 days ago.

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

Expert:  JimLawyer replied 16 days ago.

In civil litigation you have the option of either appealing the judge's decision or applying to set aside (or vary) the judgment given.
For the former, you have a window of 21 days to get the appeal form back to the court with the fee (£120 for a small claim or £140 for any other claim). An appeal is made on the basis you believe the judge was wrong to make their decision. Either procedurally or on a point of law.
Whereas if you apply to set aside a judgment or vary an order, it is on the basis you believe the judge was not wrong but you want evidence to be brought before the court and to ask the court to make a different decision.
Normally if a party does not attend the hearing without a good excuse then the judge is at literally to grant the other party judgment in their favour.
You say the your Wife had a medical reason though I don't know from your question if you wrote to the court before the hearing to flag this up and for yourself to be given permission to speak on her behalf. You also mention you spoke to Kingston Crown Court - which is the wrong court as crown courts only deal with criminal matters, not civil cases such as yours.
On balance it seems you have a case to appeal the decision as you spoke to a court within the judiciary who told you something which you then relied upon. The judge in the civil case should have taken on board your Wife's condition and adjourned the hearing in my view. I would therefore suggest you file an appeal - you will need to ask for permission to appeal on the form (unless you asked the judge already on the 27th May but presume you have not done this).
You need the relevant form which is one of two, depending if the claim was allocated to the small claims or fast track/multi track and please ensure it arrives at court with the fee by 17th June, no later. If you are on a low income, have low savings or in receipt of benefits then you can ask for a fee exemption though you also need one copy of EX160 form duly completed :

Expert:  JimLawyer replied 16 days ago.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,

Expert:  JimLawyer replied 16 days ago.

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,