N244 Application to set-aside Possession Order & Bailiff Eviction notice received

[Legallyblond]

Please could somebody help - The bailiff eviction is due to take place in little over 1 week.

I am confused as to exactly what I write on application form.

Would I be applying to suspend the warrant, or is the correct term to stay the warrant? Or would I be applying again to set-aside the possession order? Or is it a appeal against the judges decision? I really can't think clearly and this is having a very severe effect on my health.

I paid over £10,000 upfront to secure property, made up of 6 months rent upfront and security deposit.

The S8 eviction notice was served on discretionary grounds only 6 weeks after beginning the tenancy, in retaliation for contacting the landlord/agent about heating disrepair, which they refused to address from day 1 of the tenancy.

The (disputed) grounds used were claiming that I allegedly made a false statement on tenancy application, and also claiming that I had breached tenancy terms by not being able to accommodate property inspection when they demanded inspection 6 weeks after moving in. They demanded I leave within 2 weeks and refused to return any of the upfront rent money I had paid.

The previous landlord also traced and contacted current landlord as soon as I had moved into current property, with false, malicious allegations about me, falsely claiming that I owed them thousands in rent arrears and had allegedly caused "tens of thousands of pounds" in property damages. This claim is still ongoing against me and was filed simultaneously along with current possession claim, all being represented by the same solicitor, who also acted for previous landlord in previous possession claim against me.

I reasonably offered to agree to terminate the 12 month tenancy early and move out, providing all of my upfront money paid was returned, to enable me to move out and secure another property, which was unreasonably refused and possession proceedings were commenced. So they demanded I leave the property within 2 weeks, only 6 weeks into a minimum 12 month tenancy and expected to keep all of my upfront money of over £10,000.

Rent arrears have since accrued, as the stress of all this and the ongoing bullying, harassment and possession action has interferred with my quiet enjoyment of the property, my ability to work, causing me severe ill health, loss of income and other damages.

I would like to make further application to suspend eviciton warrant / set-aside possession order, as the judge did not fairly or reasonably consider my application to set-aside the possession order.

My defence and counterclaim has not been fairly considered and I was not able to attend the possession hearing due to ill health and being unrepresented. The possession hearing was listed for a 4 hour hearing in the court building, which is also a 2 hour round trip, and I was unable to attend. I did make application to attend hearing remotely via CVP, which was unreasonably refused, so the possession order was made in my absence, and I have not been given fair opportunity to defend or counterclaim.

Please help with what exact wording do I write on further application?

The judge was very unfair to me at hearing yesterday.

How do I word the application to say that the judge was unfair / discriminative and did not fairly consider the facts or the evidence / defence etc, and I would like a different judge?

Being evicted in this manner would cause me exceptional hardship and would have severe consequences and further detriment to my health. I would like to ask the court for more time to file properly particularised defence and counterclaim and a fair opportunity to defend the claim, and extension of time on health grounds.

Please help with the wording on N244 application, as need to send to court as quickly as possible?

What order am I asking the court to make?
Do I put "District Judge" on the application form?
How many minutes should I put for estimated hearing time?
What should I write in the evidence section on the form?

I think I will struggle to put together another witness statement quickly enough... Is it acceptable to send the application with just brief wording on the application, without attaching extra witness statement?


Please could anybody help as quickly as possible, bailiff warrant due to be executed in less than 2 weeks.

[efpom]

It seems that the Defendant D applied for a set aside of a Possession Order PO using form N244.
The court dismissed D's application with the result that the PO is still live.
D now intends to file a new N244 again aimed at setting aside that dismissal.
That new set aside application will be viewed by the court as an application for permission to appeal.
If permission to appeal is granted, D can launch an appeal. It will take about a year for that appeal to be called on.
Until that appeal is heard and judgment issues, the PO will remain live and can be executed.
In other words, making an application, making an appeal and even succeeding in that appeal, does not have the effect that execution of the live PO is suspended.

[Legallyblond]

The judge also may errors in law relating to the grounds claimed for eviction and clearly has no knowledge of landlord/tenants laws.

Could anybody help with the wording for my N244 application to set-aside possession order / suspend warrant / set-aside the decision made by judge yesterday, as hearing was grossly unfair

[Legallyblond]

Anyone ?

[Huxie]

As islandgirl said

…….The issues are so complex, detailed, long standing and wide ranging that it is unlikely anyone can give you detailed advice ….

You need to reach out for help from someone with expertise in such matters:
https://england.shelter.org.uk/get_help

[Legallyblond]

As islandgirl said


You need to reach out for help from someone with expertise in such matters:
https://england.shelter.org.uk/get_help

That's exactly why I am requesting help on this forum.... I need to file another N244 application ASAP, and would appreciate if somebody can help with the wording, as previously requested.

I am seriously considering going to the national press about my situation, about these rogue landlords and the so-called "justice system".

It's no wonder why there is such a severe housing and homelessness crisis in this country.

Are there any national press journalists on here who might be interested in my story / case for an appropriate fee?

[JK2054]

Ok firstly we're not experts in homelessness. Some of the people are paralegals (maybe some retired sols), but some people have no legal qualification at all.

secondly you either want to make a press story or you want help with your situation. pick which one it is.


in regards to your N244 you say you need to file another. what was the original n244? please upload it along with the judgement order given as a result

[efpom]

The OP can, of course, contact the media and negotiate an “appropriate fee”. However, a reporter might well conclude that the OP has been gaming the system and getting away with not paying rent due to her landlord(s) for years and publish the OP’s story with that slant.

[Legallyblond]

The OP can, of course, contact the media and negotiate an “appropriate fee”. However, a reporter might well conclude that the OP has been gaming the system and getting away with not paying rent due to her landlord(s) for years and publish the OP’s story with that slant.

Yes, because "gaming the system and getting away with not paying rent" and therefore having my future housing prospects and credit utterly destroyed is clearly the ultimate goal in life

[Legallyblond]

I struggle and have difficulties uploading documents - My previous N244 application to set-aside possession order was detailed in post #4 of this thread.

There was a CVP hearing for the above application, at which I was treated very unfairly by the judge.

I have since made a further N244 application to set-aside the possession order - Here are the main details of the additional N244 application made:


What order are you asking the court to make and why?


An order that the possession order in this case be set aside, and an extension of time for the defendant to seek further legal advice and/or representation, as the defendant was unable to attend the possession hearing, due to ill health, the possession order was made in her absence, and the subsequent hearing on 8 July 2024 was unfairly predjudical against the defendant.


What information will you be relying on, in support of your application?

(the evidence set out in the box below)

If necessary, please continue on a separate sheet.


I was unable to attend the court building for possession hearing on 30 May 2024 on medical grounds - And my requests to attend the hearing remotely via CVP were either not actioned or refused, and a possession order was made in my absence.


At the hearing on 8 July 2024, I was treated unfairly by the judge. A skeleton argument was filed by the claimants' legal representative, which I received copy of on 7 July 2024, and therefore had no reasonable time to file any written response to those statements / allegations. The legal representative acting for the claimant thoroughly and deliberately misled the judge.

The judge made errors in the law, including those relating to the grounds upon which possession is claimed, did not fairly or reasonably consider the facts, or previously filed evidence, did not fairly or reasonable consider the fact that I am a litigant in person and unrepresented, was unfairly prejudiced and discriminative towards my disabilities, including my mental health conditions, and unfairly dismissed the medical evidence that has been provided to the court.

I therefore respectfully request that my application to set-aside possession order, be heard by a different judge - And for maximum extension of time possible before hearing, due to ill health, and more time to seek further legal advice and/or representation, and more time to secure alternative accomodation and move out of the property.

I would like an opportunity to fully address the various allegations made against me by the claimant - There are a number of matters in dispute including a number of allegations against the claimant, and so I would like to ensure that they are properly pleaded.

I ask that the court grant an adjournment of possession hearing and maximum extension of time possible in the interests of fairness and the overriding objective.


Do you believe you, or a witness who will give evidence on your behalf, are vulnerable in any way which the court needs to consider?

(Yes)


I suffer from several chronic physical and mental health conditions.

Being evicted and homeless in this manner would have severe consequences, would cause me exceptional hardship, would severely exacerbate my health conditions and would also be extremely harmful for my pets.




After sending the above N244 application, I received by post later that day an order form the court from the previous hearing (which was drafted by the claimants' legal representative), stating that, my "application is dismissed", and a further order to pay over £2000 in legal costs for that application (in addition to the previous £6000+ claimants legal fees, in addition to rent arrears).

I contacted the court today by phone to see if there was any update from my subsequent N244 application to set-aside possession order, and was told that this was currently with the judge and no update available, and to maybe try again later today.

I was also told that I would need to file a separate application to suspend the eviction warrant. Is that correct?

Many Thanks in advance for any help - I would appreciate if somebody could kindly advise me what to write on additional N244 application to suspend eviction warrant, as would like to get application sent to court asap. Thank you.

[efpom]

https://legalbeagles.info/forums/for...-tenancy/page5

Post #65 attachment
Penultimate paragraph.

“"Regarding previous LL, I would like to pursue a claim for various substantve damages and financial losses caused to me. I will never be able to obtain another mortgage as a direct result of his actions, so I think a value of several million pounds would be appropriate, or at least enough to purchase my own property."

[Legallyblond]

https://legalbeagles.info/forums/for...-tenancy/page5

Post #65 attachment
Penultimate paragraph.

“"Regarding previous LL, I would like to pursue a claim for various substantve damages and financial losses caused to me. I will never be able to obtain another mortgage as a direct result of his actions, so I think a value of several million pounds would be appropriate, or at least enough to purchase my own property."

I don't see what point you're trying to make? He, amongst other things sprayed poisons in myself and my pets faces, causing chemical burns to their eyes and various other injuries. Would you be happy if somebody did that to you ? And he even has the nerve to continue trying to sue ME, and has also sabotaged my current tenancy.

Is anybody able to actually help with what I need? As I didn't come on here asking for more victim blaming.

[wales01man]

I don't see what point you're trying to make? He, amongst other things sprayed poisons in myself and my pets faces, causing chemical burns to their eyes and various other injuries. Would you be happy if somebody did that to you ? And he even has the nerve to continue trying to sue ME, and has also sabotaged my current tenancy.

Is anybody able to actually help with what I need? As I didn't come on here asking for more victim blaming.

Dont think anyone is blaming you but to some it appears your chasing rainbows it seems you are against everyone on here in the courts and everywhere. The end result will be the orders are carried out as for millions in compo hardly likely from any UK court Im sure no one on here wants to see you treated in the way you say if you have evidence of all these wrongdoings and attacks seek help with the aid of the legal system

[Legallyblond]

Dont think anyone is blaming you but to some it appears your chasing rainbows it seems you are against everyone on here in the courts and everywhere. The end result will be the orders are carried out as for millions in compo hardly likely from any UK court Im sure no one on here wants to see you treated in the way you say if you have evidence of all these wrongdoings and attacks seek help with the aid of the legal system

I don't see why I should have to bend over and just accept people taking advantage & destroying my life. I have sought legal aid, as all possession cases should now be eligible for, and could not secure this. A lot of people do not understand the reality of things. The justice system should not be a "judge lottery" when peoples lives are at risk and in my personal experience, it seems incredibly difficult for somebody in my position to get fair treatment or justice. It seems these landlords are able to screw me over and do whatever they like, causing massive damages to my life, and face zero accountability.

Some people are not able to pay for legal representation and in my personal experience the courts have absolutely not treated me fairly and seem to just favour the richest party.

So what should I write on the N244 application to suspend warrant?

"I ask the court to suspend the warrant, until my application to set-aside possession order / appeal has been heard"

Is that sufficient, or should it be more detailed? If anybody could help to re-word it in the best possible / professionally worded way, it would be much appreciated.

[efpom]

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