Appealing a*possession order

[Ashley Hill]

It seems to me, from your writing at #3 that the reason you believe you did not get a fair hearing is because during the hearing the judge said that "the claimant will assist the defendant with rehousing" And this is NOT in the order."

In my view, the judge was quite correct not to do so, because there is no legislation which imposes a duty on any landowner to rehouse a trespasser following eviction.

However, from that remark by the judge, I discern that the landowner (claimant) is, in fact, a local authority.

If I am right about that, while not entitled to rehousing as a trespasser, you can still apply to your local authority as homeless. The authority must accept a homeless application if there is reason to believe a person is homeless, and it’s duty is spelled out in Part 7 of the Housing Act 1996, which does not impose any duty of care to rehouse.

I hope that my writing has been of some use to you, but I think it would be wise for you seek advice from Shelter, Citizens Advice or a practicing solicitor.

Yes the claimant is indeed the local council. but they only have a duty of care to re house someone that is a particlar need. Shelter will not take on any new cases and solicitors are not interested either!
So nothing in Part 7 of the Housing Act 1996 that states they have a duty to rehouse me?
Still think I have good argument with s.89(1) Housing Act 1980 though!

[Ashley Hill]

Are you certain that when the judge said "the claimant will assist the defendant with rehousing" he was making that part of the Order? It sounds to me as if it might simply have been a reference to the local authority's general duties in relation to homeless people.

If that was all the judge was saying it doesn't need to be mentioned in the Order because the judge was not imposing any greater obligation on the local authority than it already has under under the Housing Act.

The transcript may help you when you get it but unfortunately it seems the eviction will already have taken place as the council is saying it could happen any time after 10.00am today.

Let us know what happens.

It did indeed sound to me as though it was part of the order. We where all asked to leave the court and then we where invited back in. If that was no part of the order then I would consider this to be gross misconduct or even misfeasance in public office or intrapment or with prejudice est, est, Because as I have said before that if that where not the case then I would of asked for 6 weeks

[Ashley Hill]

PS the claimant has emailed me stating

Please see attached order for possession. I will be instructing the High Court sheriff to act if you do not leave by Monday 13 April at 10am.

What dose this mean? what will happen next? how long will it take?

[atticus]

It means that you will be forcibly evicted if you do not leave.

[Ashley Hill]

It means that you will be forcibly evicted if you do not leave.

but do i have enough time to lodge my appeal?

[PallasAthena]

You may find the information on the Shelter website relevant.

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

[atticus]

but do i have enough time to lodge my appeal?

It is worth pointing out that your post #18 was made after the stated deadline had expired.

If you are going to appeal, get on with it.

[Ashley Hill]

It is worth pointing out that your post #18 was made after the stated deadline had expired.

If you are going to appeal, get on with it.

But I have only just recived the order last Friday and I have submitted my N161 yesterday

So if they give you 3 weeks to appeal but they dont send the order until after 3 weeks, is that it then? have I lost?

[Ashley Hill]

I have just had an email come back about getting a recording of the hearing and they want £ 317.52 inc VAT.
Its like they deny justice by ripping you off so you ant afford it!
Hear is what it said anyway

------------------------------------

We estimate the length of the requested transcript(s) as follows:



- Whole hearing 23/03/26: 1 h 30 mn



We charge per folio transcribed (which is every 72 words). The following price is an estimate based on the length of your hearing audio.



DISCLAIMER: Our final charge will be based on the amount transcribed and not this estimate.

As a result, the estimate is indicative only and the final cost could be higher.

Judgments sent for approval are not included in the turnaround time paid for.Judgments must be sent to the court for the Judges approval once transcribed.Unfortunately, we are not able to provide a timescale for how long this may take as this is at the Judge’s discretion.



The estimated price for preparing the requested transcript(s) within 2 working days would be £ 317.52 inc VAT.

We would charge £ 1.47 + VAT for any additional folio (72 words) transcribed.

[efpom]

You may apply for financial assistance in obtaining the transcript: See https://www.gov.uk/government/public...sts-form-ex105

Note that until any Court Order is overturned on appeal, it remains in force.

[Ashley Hill]

You may apply for financial assistance in obtaining the transcript: See https://www.gov.uk/government/public...sts-form-ex105

Note that until any Court Order is overturned on appeal, it remains in force.

I done that now thanks!
But what about the high court order that the claimant has mentioned! I mean what dose it mean. Is it a hearing? will I be notified? will I be allowed to attend? will I be able to ask it to be prospoed while my appeal is being delt with? How long dose it take?

Thanks

[atticus]

You said in post #18 that it was attached to the Claimant's email to you. Open that attachment and read it.

[Ashley Hill]

You said in post #18 that it was attached to the Claimant's email to you. Open that attachment and read it.

please see #3

[efpom]

Your post #18 - you state the claimant wrote to you (last Friday) “Please see attached order for possession. I will be instructing the High Court sheriff to act if you do not leave by Monday 13 April at 10am.”

There is no mention of a High Court Order.

Given the usage of the phrase ‘'to act'’ may mean that the local authority - a creature of statute, intends to use the common law power to remove you - Halsburys Laws of England (paragraph 1400, vol 45, 4th ed. If it is entitled to do so, as you have been given a definite time and date to quit of more than 24 hours, you will receive no notice of the bailiff’s attendance. You may be given some time, usually one hour, to pack your essentials and you will not be permitted to reenter to collect the remainder of your goods.

If, the local authority being a creature of statute is not entitled to deploy the common law power, It is entitled to apply for a writ of possession from the High Court. That will be granted without a hearing. But you will be given 7 days written notice of the bailiff’'s attendance.

Your appeal to set aside the forthwith Order of Possession will not pause either of the above timelines.

Regarding your appeal, I bring to your attention Section 144(1) of the Legal Aid, Sentencing and Punishment of Offenders Act https://www.legislation.gov.uk/ukpga...on/144/enacted

In my view, that legislation is fatal to your appeal. No judge in a civil case will aid the commission of a criminal offence.

[Ashley Hill]

Do you know how long the court has to process my appeal and my copy of the hearing request please?