Appeals Guide - direct access to expert appeals barrister

 

 

 

 

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Contact Ian Jones (email preferred):

legal@direct-barrister.com

Tel:  07771 961 962    Fax:  0116 312 0180

Advice can be provided urgently if required, but please note that Ian Jones does not provide a free legal advice service and will require a signed contract before undertaking any work.

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housing appeal or review hearing?

Housing Appeals

Matters relating to privately-owned or private rented housing generally only come before the courts when the mortgage provider or landlord brings possession proceedings in the local county court.  If the court grants an order for possession, it is often postponed (suspended) provided that payments off the arrears are made regularly; if not, the court will be asked for an eviction warrant.

 

There is a right of appeal from a district judge’s decision to grant an order for possession, or a warrant of possession, or a refusal to suspend an order or warrant.  This appeal is heard by a more senior county court judge (a “circuit judge”), though few such appeals succeed.  In certain circumstances, public funding may be available to help a tenant at risk of repossession, and advice is generally available through local solicitors or the Citizens Advice Bureau.  Anyone threatened with re-possession should also contact their local council who, as housing authority, have limited duties to house the homeless or those at risk of homelessness.

 

The council’s decisions on whether someone is intentionally homeless or in priority need can themselves be challenged on appeal.  For some

councils, this review process is undertaken by a more senior officer, with the chance to make written representations; at other councils, the decision is taken by a councillors’ Appeals & Reviews Panel, either on written representations or at an oral hearing.

 

The same processes apply to decisions by the council (or other public sector landlord) about introductory tenancies, demotion of tenancies and other landlord functions.  Where the council allows an oral hearing, it will usually allow legal representation, but few solicitors undertake such work and public funding is not routinely available.

 

Whatever form the council’s internal housing appeal process takes, there is no further right of appeal unless it can be argued that the council has made a mistake on the law.  Housing appeals on a point of law must be made within 21 days, to a circuit judge in the county court.  Legal representation is usually necessary (often with barristers on both sides) and public funding may be available, though few solicitors undertake public sector housing work.

 

Housing Appeal Factsheet COMING SOON