Help needed with N244 to set-aside Possession order

[Malibu1]

I am not able to get solicitor representation as I cannot afford to do that. It is also not that easy to get 30 min free telephone consultation with any solicitor, and I have tried, and just keep going around in circles and due to the situation I obviously don't have much time left. I also have some communication problems following severe stroke and find it easier to communicate in writing, rather than try to explain my situation verbally. I would also find it extremely difficult to provide a solicitor with all of the paperwork and documents.

My only option is litigant in person and to hopefully obtain some help with completing court forms, which I find extremely difficult and confusing.

It is not possible for me to secure alternative accommodation and move out by the date on the order, due to circumstances beyond my control. I need more time to secure another property, and being over the christmas/new year period makes the process even more difficult.

I have sought every advice I possibly can and other advice has been to file N244 to set-aside.

I have read all information online and on the links regarding set-aside and appeal to the best of my ability. Due to some cognitive problems, I can struggle to read lots of various text information and it is just confusing me even more.

I apologise for asking for help with simple form and for asking lots of questions.

From my understanding of what I have read on the links, the appeal process seems much more complicated and I may struggle to navigate that properly in time. From my understanding an appeal is also not guaranteed to be accepted and following that I would then have no reasonable option available from there?

From my understanding of reading about set-aside, that seems to me to be more appropriate for the immediate situation and from my understanding would result in another hearing date being scheduled, which is what I need to be able to have more time to file my evidence and defend the claim properly. I also read that if set-aside application is declined, then there is still option to appeal after that?

From what I can understand, I do meet the required criteria to apply for a set-aside and that seems like the easier option.

I need to send to the court as quickly as possible, as this is causing me huge stress and exacerbating my health conditions, preventing me from sleeping and preventing me from being able to focus on securing alternative accommodation.

If it is all possible for me to apply for another hearing via a set-aside application then that is what I would like to do and need to do as quickly as possible.

I would very much appreciate any help with wording on the application form. Could anybody possibly help with that?

[Malibu1]

Am I allowed to to try to apply for an N244 set-aside, for another hearing to allow me more time to submit all of my evidence to the court to defend the claim?

I think that would be easier and then in the meantime, whilst waiting to see the outcome of N244 set-aside application, I can be trying to learn how to submit an appeal, just in case the N244 application to set-aside is not successful?

Am I allowed to do that? If so, please could anyone possibly help with the wording for the N244 form? I would very much appreciate.

In terms of written medical evidence, all I currently have available is a current fit note from my GP. I am currently also trying to get an appointment with GP to write a doctors letter as additional medical evidence, which I think might help.

[Malibu1]

Can anyone help with this?

[Malibu1]

Is anybody possibly able to help with this? Am I allowed to file an N244 to set-aside?

What do I need to write on the form? I would very much appreciate some help as is urgent. Many Thanks

[islandgirl]

This is a complex case and the lack of replies seems to indicate that none of us has sufficient detail etc to help though I am still hopeful someone may post for you. My view is that you need a solicitor to help you at this stage - urgently.

[Huxie]

I am not able to get solicitor representation as I cannot afford to do that. ………. I also have some communication problems following severe stroke and find it easier to communicate in writing, rather than try to explain my situation verbally.

Shelter have a free webchat facility. Could that perhaps provide the necessary assistance?

https://england.shelter.org.uk/get_help/webchat

[Malibu1]

Can anyone help with this?

[Malibu1]

I was hoping somebody could help with a few questions regarding this.

I filed an N244 application to set-aside the possession order. I also sent a doctors letter as supporting medical evidence and a 7 page witness statement addressing the new false allegations that had been introduced by the claimant.

I am not sure if the deadline to send this application was 14 days, or 21 days? It was sent to the court I believe 15 days after the date of the possession order being received.

I have been chasing the court every few days since then and there is still no update and the last time I enquired I was told it was still with a judge and they were waiting for directions from the judge.

Since then the possession date on the possession order has passed. I received a threatening email from the letting agents 2 days before the date of possession, demanding I post the keys through the agency letterbox before the deadline, or they would be applying for bailiffs.

The letting agent then turned up at the property to harass and threaten, trying to force me to leave. This was the same lettings manager who provided a witness statement to the court containing various false, spurious and malicious allegations against me.

The agency then sent me further threatening email and also admitted they evicted me because I was unable to accommodate property inspection on their demand, however they have lied to the court in relation to the reason for eviction, and claim it was served as they need the property for their elderly mother.

I have been advised by them that they have now applied for bailiff eviction.

Will there be an equal delay in their bailiff application being processed as there has been for my application to set-aside? Is the bailiff application dealt with by the same judge who is dealing with my application to set-aside possession order? What is likely to happen now? Is it possible the judge will set-aside the possession and order another hearing?

[Malibu1]

Is there any specific reason my posts are being ignored and questions unanswered ?

As most of the advice I have received regarding this matter to date, has been most unhelpful .

Can anybody actually help with this matter ?

[islandgirl]

Many apologies but I think we are finding it difficult to know what to advise in your situation. They can apply for baliffs - you should get notice before they attend. If you are being harassed ring the Police - it is an offence. Note times and dates - needs to be at least 2 occasions for an offence to be committed. They will remove you eventually, whether you get a set aside or not. It will just take longer. Have you contacted the council etc about rehousing yet? You are in an awful position but the situation is so complex we do not know how to help which is why we suggested a solicitor or free legal advice via Shelter etc. Good luck and let us know what happens please.

[Malibu1]

That's what this forum is for isn't it? Legal advice ?

Could you stop telling me to go elsewhere for advice, as that really isn't very helpful.

I don't really see why you say the matter is too complex for you? I don't really have the time or energy to keep posting updates for you, only to repeatedly be told to go elsewhere for advice.

Can anyone else other than Islandgirl help ?

If it's too complicated for you, what is it exactly you don't understand about the situation?

[efpom]

The OP can find additional or complementary information here:
https://england.shelter.org.uk/profe...session_orders

The OP has chosen to apply to set aside the possession Order rather than appeal it. The OP is now out of time to appeal.

It is to be hoped that the OP's set aside application succeeds, but this writer is pessimistic about that because "An application to set aside an order cannot be made as an alternative to an appeal" See: https://england.shelter.org.uk/profe..._order#title-1

If, despite that pessimism, the OP's set aside application does succeed, there will be a rehearing.

The only viable defence the OP has given that this is a s.21 application by the landlord, is to prove that the landlord did not comply with the s.21 formalities - here being an alleged failure to furnish the tenant with the "Right to Rent" booklet.

If the set aside application succeeds, there will be a rehearing, if it does not, the Possession Order remains in force. The effect of that is that the landlord is not prevented by the mere fact that the OP has made an application to set aside that Order, from applying for an Eviction Order, and may, in fact, have already done so. An Eviction Order requires that the occupier(s) be given 14 days notice of the bailiffs intention to attend a dwelling to carry out the eviction.

[islandgirl]

Thank you Efpom. As you say "The only viable defence the OP has given that this is a s.21 application by the landlord, is to prove that the landlord did not comply with the s.21 formalities - here being an alleged failure to furnish the tenant with the "Right to Rent" booklet." I explained S21 many posts ago. I do not think the OP can accept that they WILL be evicted. It is just a matter of time. My advice stands: " If you are being harassed ring the Police - it is an offence. Note times and dates - needs to be at least 2 occasions for an offence to be committed." Good luck to the OP.

[Malibu1]

Thank you Efpom - I appreciate the links, although as I said before, I find it a bit overwhelming to try to follow, read and understand various links of text. I have some cognitive problems since suffering a stroke and being under such severe stress makes it even more difficult for me.

From the links you have sent, from what I read and understood, an application to set-aside seemed to me to be more appropriate for my specific situation and I believe I meet the criteria for that. The appeal process seemed a much more complicated process and without any direct, step-by-step guidance from somebody as to exactly how to file an appeal, I could not get my head around doing that in time and found it difficult enough to try to file an application to set-aside, and just did whatever I was capable of sending to the court within the deadline.

I do unfortunately need very clear, 123, step-by-step guidance from somebody with regard to court forms and wording etc, and that is what I was/am hoping to get help with from somebody on this forum.

I unfortunately don't have much choice about being a litigant in person, so would appreciate help with what I specifically need help with.

You say the only viable defence is regarding the failure to provide 'Right to Rent' document. Is the fact that the S21 notice was unlawful / malicious / retaliatory, as is very clearly the case, not also a viable defence?

As for the Police, I do feel able to report the most recent harassment from the letting agents, due to the response from the Police the last time I reported both the landlords and the letting agents, for their harassment, stalking, trespassing and illegally spraying large volumes of commercial pesticides in mine and my pets faces. The response of the officer was that "It is NOT your home. It is the landlords home and they can do whatever they like". I really don't want to subject myself again to the extra stress of being spoken to like that by the Police again and don't really see the point in doing so. If there is another hearing, I can at least show the judge evidence that I did report them to the Police via 101 call logs, but it is out of my control as to whether the Police take any action or not.

All of my time and energy at the moment is going into trying to secure another property, and it sadly isn't easy to just simply move out quickly, due to various factors beyond my control.

My N244 application was sent to the court on 23 December. I received the following reply from court on 6 January:

"The file was referred to the Judge on the 30 December and is still with the Judge. You need to allow at least 20 working days for the court to deal with any applications."

And the following reply on 18 January:

"Your application has been received by the court and is currently with the listing team waiting for a hearing date to be allocated. You do not need to serve the Claimant. The court will send them a copy when the notice of hearing is sent."

Does this mean that the possession order has already been set-aside and that the court are waiting for a new hearing date to be allocated? Or does it mean that they are still waiting for a hearing date for the application to be decided / looked at?

[efpom]

Your Question?

You say the only viable defence is regarding the failure to provide 'Right to Rent' document. Is the fact that the S21 notice was unlawful / malicious / retaliatory, as is very clearly the case, not also a viable defence?

My Answer – No

https://england.shelter.org.uk/housi...SAAEgJSIfD_BwE

Your Question?

Does this mean that the possession order has already been set-aside and that the court are waiting for a new hearing date to be allocated? Or does it mean that they are still waiting for a hearing date for the application to be decided / looked at?

My Answer – the latter.

Note well 1
The likelihood of hearing date in the next six months is vanishingly small.

Note well 2
The Possession Order is still valid and the landlord is still entitled to and probably has, applied for an Eviction Order, probably the day after the date when you were Ordered to quit by the Possession Order.

That Order may well have been granted by now.

The first you will know about the existence of the Eviction Order is by a written notice by the Bailiff telling you the date on which he will attend the dwelling to evict you. That date will be no earlier than 14 days after the date of the written notice.

My Question?
Has the landlord accepted any rent from you since the s.21 Notice was served on you?