If you feel as if a judge has made an incorrect decision on your repossession case, you are within your rights to appeal. Most repossession appeals are forwarded to a more senior judge to look over the case again. Before filing an appeal, you should seek legal advice.
You can appeal against any element of a home repossession order from a judge, including any eviction warrants. You can appeal at any time during the process. Most repossession appeals occur when an eviction is on the cards as people, rightly, panic about losing their home through repossession. Most judges will grant an appeal in this instance (depending on the circumstances) to allow the individual a final shot at stopping their home from being repossessed.
Permission to appeal
You must remember that the appeals process is not there to appease those who are not happy with a decision made by a judge. An appeal should be used in genuine cases where a decision is unjust, incorrect or has fallen foul of ‘procedural irregularity’. Procedural irregularity refers to any defect, failure or mistake in a legal proceeding or lawsuit or a lack of following a prescribed rule or regular.
You must be granted permission to appeal before an official appeal can be granted. You can ask your original judge. However, if they do not grant permission, you are also able to ask a senior judge.
The appeal
In most circumstances, you will need to complete an appellant’s notice within 21 days of a repossession being ordered. This will need to be lodged at court and a fee paid unless you are exempt from court fees.
At the appeal itself, the judge will usually make one of three decisions:
- Keep the original verdict
- Dismiss or change the previous verdict
- Request a new hearing
Possession orders
If you live in a rented home, a possession order from a court ends your rights to live in that property. Some tenants are able to appeal possession orders if their landlord did not abide by the correct procedures. However, a court cannot revoke a possession order if:
- An assured shorthold tenant and your landlord used the section 21 procedure
- An assured tenant and your landlord used a mandatory ground for possession
- You are a council tenant with an introductory tenancy or demoted tenancy
- You are a student in halls of residence
Possession orders outline a date set by the court as to when you must leave the property. If you do not adhere to this your landlord can ask bailiffs to evict you.
Can you appeal a possession order?
Whilst you cannot appeal a possession order quite in the same way as you can a repossession order on a mortgaged property, you can ask the court to make changes. You are within your rights to apply to the court to:
- Vary the terms of your possession order
- Change outright possession order to a suspended possession order
- Suspend or postpone the date for possession
Home repossession help
If you are currently facing a repossession or passion court procedure make sure you seek legal help and utilise the expertise of a solicitor. Sometimes, the repossession is not directly your fault, you may have difficult tenants that have broken their financial committment to you. Selling a property with tenants is always an option and can help with the financial issues you have encountered
If you are facing repossession and would like to sell your house fast don’t hesitate to get in touch with us today. We can help you avoid repossession, meaning you will be able to purchase another home in the future without the risk of being turned away by mortgage providers. Call us on 0800 774 0004 for free and impartial advice regarding repossession.
