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Housing Possession order Court Question

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  • Housing Possession order Court Question

    Hi Guys,
    I have been researching my predicament which is:
    A Court hearing to move me out of my Council rented property because of under occupying,
    and the Succession having finished because of my fathers death,
    My property is a 4 bed with garden that I have lived in since 1972,
    I am 72 years old and single.
    I am not trying to get Succession,
    but I feel there are mitigating circumstances.
    I had a Stroke in 2020,
    and my local Community have been looking out for me,
    so I would like to stay in this local community.

    It's a Long story, and the council want to move me into a 1 bed property,
    although they have offered me three 2 bed Properties with a garden,
    There are no Rent Arrears at all.

    There are costs to be taken into account.

    I have a Barrister, but he had to withdraw because of illness to his mother,
    and a new barrister has taken over,
    but there is now only a couple of days left for me to submit my Defence Statement / Witness Statement,
    My new barrister is in court on another case most of the time,
    I have to submit my claim before 4pm on Saturday 4th November 2023.

    I have seen templates of Statements, but these were it seemed to me financial Claims,

    My question is:
    I have the Claimants Statement (Council),
    and it has 15 numbered paragraphs,
    and I have answered the paragraphs I am disputing,
    but left the paragraphs I am not disputing blank,

    Do I need a Witness Statement or a Defence Statement,
    and what does my rough outline above seem to be ?

    Hoping this is not too complicated for the wizards on this forum,
    Last edited by Billyfern; 2nd November 2023, 13:32:PM.
    Tags: None

  • #2
    Hi Billy

    There is an article titled "Tenant's Defence to a Landlord's Claim for Possession" at https://england-shelter.org.uk

    You should also read CPR Practice Direction 55A Possession Claims

    CPR 55.3 1.5 Your Defence should use form N11R

    There is no reason why you can't under Q29 write "See attached sheet" and enclose a separate page listing your reasons for disputing possession along the lines in your thread: age, heallth, regular help from neighbours etc. Refer to and attach GP letters, hospital letters etc. Make sure you write the case number, hearing centre on each separate sheet.

    If you have regular visits from family who stay over in the night and use the bedrooms, this will help your defence.

    To meet the deadline, tomorrow, 4 November, you will need to attach the completed and signed form along with scanned documents by email.


    • #3
      I forgot to say you should send a copy of your email to the claimant's legal rep.

      Provided you don't drive. Failing eyesight due to ageing and stroke - new surroundings will probably lead you to become disoriented which may cause falls


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