Possession hearing

[DRAGON2009]

Hello I am helping a friend with a possession claim. They lost their case at the hearing and a suspended possession order was made/. The judgement was for rent arrears. The notice of intention that preceded it was for a ground other than the payment of rent specifically 'service charges' The actual arrears were service charges not rent My friend represented herself and has applied for leave (and been refused) top appeal on the basis that the Judgement Was for service charges not rent Her landlord would not provide a copy of the tenancy agreement i the 3 weeks before the hearing and so her advisor could not advise her That the arrears of one of the service charges was not a serviuce provided for in the tenancy agreement in actuality and the other service charge had been the subject of a 2 year delay in answering her questions so the escalation of the balance had been largely down to the landlord. It being argued at the hearing that this being a 'discretionary' possession this was a factor that ought to have been considered Anyway the written application for leave to appeal was dismissed Now my friend is applying for an aral hearing of her application for leave. I suggested she get a transcript But the court say this cannot be obtained 'at public expense' (she got her application for leave under a fee remission) and she would have to pay. I think the hearing was quite short 7 or 8 minutes Anyone got any advice on this ? The transcript is a worry but without it the circuit judge who will hear the leave application will only have my friends word to go on and she cannot show she argued (or tried to but apparently was stopped more than once) certain points Thank you

[bluebottle]

Re: Possession hearing

A few questions -

1. Who was the judge at the original hearing?
2. Which court did this take place?
2. Why was your friend stopped from arguing her case?
3. Who is the circuit judge and at which court is the future hearing to take place?

[SpringerSpaniel]

Re: Possession hearing

Service charge should be a general unsecured debt to be pursued as a civil claim rather than rent arrears for which a tenant can be evicted.

[bluebottle]

Re: Possession hearing

Possible abuse of legal process, Springer Spaniel?