Help needed with N244 to set-aside Possession order

[Malibu1]

My landlord made an S21 possession claim, for which I filed a defence on the grounds that the S21 was invalid and was also a retaliatory eviction served solely due to disability discrimination against me. And that I have several health conditions and also being evicted in this manner would cause me exceptional hardship.

A hearing was scheduled for the beginning of December. I have been unable to prepare and file my evidence in time before the hearing, due to ill health. The claimants also introduced new allegations against me, which I did not receive copy of until a few days before the hearing, so I had also no possible way of producing any response or evidence against their allegations in time for the hearing.

I contacted the court before the hearing to advise that I would be unable to attend the hearing on health grounds and requested an adjournment. I filed medical evidence in support of this. The court staff advised that I could file an N244 for adjournment anytime up until the time of the hearing.

I received notice that the hearing had been moved to another judge and that the time of the hearing had been changed from afternoon to morning. I also received an order that the hearing would now be held remotely. I filed an N244 application for adjournment on the morning of the hearing.

A possession order was made in my absence, which I received copy of a few days after the hearing.

I would like to apply for a set-aside of the order, on the grounds that the judge has made error in judgment and that being unable to attend the hearing put me at an unfair disadvantage and that the claimants have misled the judge. I do not believe my defence has been properly considered and would like a new hearing, so that I can prepare and file my evidence.

Would anyone possibly be able to help with wording and completing an N244 application to set-aside the possession, as I am not sure how that should be worded on the application. Also, should I request a copy of the hearing transcript?

I would very much appreciate any help with this.

[Malibu1]

I apologise for asking for help with a simple form - I really am confused and struggle with court / legal paperwork, and don't want to make a mistake on the form.

I don't feel my wording is very good and unsure exactly what I should write on the form, or how brief / detailed it should be? I am not sure what order I am asking the court to make?

Do I ask the court to deal with the application at hearing? Do I need to specify an amount of time I think I would need to prepare and file my evidence?

I would very much appreciate any help with this, as would like to send to the court as soon as possible. Thank you

[EXC]

I'll ask islandgirl and dslippy if they can advise.

[Huxie]

For info - this is a continuation from this thread:

https://legalbeagles.info/forums/for...ssession-claim

[EXC]

Thanks, I meant to tag atticus too.

[islandgirl]

Thank you EXC I have responded on the other thread advising the OP to contact Shelter or to post in Landlordzone. I do not have experience of how to do set-aside applications unfortunately. The OP was advised by many posters that the S21 would be granted unless they could show reasons why it should not be (paperwork not compliant, retaliatory eviction etc). I very much wish them well and will advise where I can of course.

[Malibu1]

Can anyone help with this?

[efpom]

https://england.shelter.org.uk/profe...ssession_order

[Huxie]

https://england.shelter.org.uk/profe..._order#title-4

Reading through the above link it seems to me that as:

a) it was a S21 Accelerated Possession procedure
b) there was a hearing
c) you filed a defence

then there are no grounds on which you could apply to set aside the possession order.

[efpom]

I agree with Huxie Post #9

If a S.21 hearing has occurred and a possession Order has issued, the only option left is to Appeal the Order. See post 8 #8

[Malibu1]

Thank you. I am so confused, I thought set-aside and appeal meant the same thing.... So if I need the N161 form instead of the N244 please could somebody possibly help me with filling out and completing the N161 form, as i'm really clueless and really need to send to the court as soon as possible.

What is the deadline for an N161 to be sent to court? Is it 14 days from date of possession order?
Will the case be passed to a different judge?
It mentions a copy of transcript on the link you sent - That can take time - What if the transcript doesn't arrive in time to file the appeal, or if the transcript application is rejected?
If permission to appeal is accepted, does that mean a new hearing date would be set?
Do I submit an application for transcript at the same time as sending the N161?

Please could you help to complete the N161 form and exactly what I need to do.

[Malibu1]

I filed a defence when I received the court papers about the accelerated possession claim. But I did not file any of my supporting evidence. That is why a hearing was scheduled. From my understanding a hearing never would have been scheduled at all had I not filed a defence at all?

I made reference in my written defence that I can provide ample evidence to support my defence, but none of that evidence was filed. I was unsure of any deadline to file the supporting evidence and have not been able to properly prepare or present all of my evidence to the court, due to ill health.

Did I send my N244 application asking for adjournment too late to the court? Is that why a possession order was made in my absence? My reason for not being in a position to file my evidence, or to attend the hearing was due to ill health. That is what I wrote in the N244 application to adjourn. I also filed a current fit note from my GP to support that, as that is the only written medical evidence I currently have available, but that obviously wasn't acceptable enough evidence for the court as to not attending the hearing?

I really need as much time as possible to prepare and present all of my evidence, and I believe the outcome of the hearing would have been very different if the court had my supporting evidence. I feel the judge made a very unfair decision in not accepting adjournment of the hearing to a later date.

Are you absolutely sure I need to send N161 instead of N244? As I am so confused and keep reading all different kinds of information online.

Please help. Please could you confirm exactly what forms I need to send to the court, and when? And I would very much appreciate if you could help completing the forms with correct wording, as I am really clueless and don't want to make a mistake on the forms. Thank you

[Malibu1]

Having read this about set-aside:

A defendant can apply to the court that made the possession order to have it set aside if they can show they have grounds.[2] The defendant's grounds are normally that they had a defence to the possession claim, but they were not able to provide it to the court when the claim was decided.

The defendant can apply to set aside the possession order so the case can be heard again. This gives them a chance to defend the claim.

Does the above not apply to my situation? As although I did provide a written defence, I did not provide any of the supporting evidence referred to in my written defence, due to ill health?

I really am so confused and would very much appreciate if anybody could possibly guide me in completing whichever application I need to send. Thank you

[Malibu1]

Sorry I forgot to add - My written defence that was previously submitted to the court states that I can provide ample evidence to support my defence. I didn't send any supporting evidence at the same time as my defence, as it was not available.

I haven't been able to properly prepare, present and file my supporting evidence to the court before the hearing, due to ill health.

Ideally, what I would like is another hearing to be scheduled, so that I can have time to properly prepare, present and file all of my supporting evidence. I would also like to possibly amend my written defence so that it is properly presented, and also think I may need to write a witness statement, in addition to preparing all of my other supporting evidence.

[efpom]

You do seem to be confused.

Your only option at this point is to launch an Appeal.

May I respectfully suggest that you obtain professional advice from a solicitor and do so today.

If you choose not to do that and continue as a litigant in person, your first step is to apply for permission to Appeal.

The whole Appeal process is explained in great detail by Shelter.

May I therefore respectfully suggest that you give a very close reading to the link which is at post #8