How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Stuart J Your Own Question
Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22400
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
11292137
Type Your UK Law Question Here...
Stuart J is online now
A new question is answered every 9 seconds

Uk Law / Landlord-Tenant In a Tenant-Landlord Dispute, if

Customer Question

Uk Law / Landlord-Tenant
In a Tenant-Landlord Dispute, if the Landlord did Not follow the correct procedure when seeking a Mandatory Possession Order and Obtaining it:
"You may be able to appeal if you think the landlord did not follow the correct procedure and the judge made the original court order in ERROR" (http://england.shelter.org.uk/get_advice/eviction/court_action_for_eviction/changing_possession_orders)My Q is:
I have already filed the Appeal and I want to know if I can also report the landlord's actions for Not following the correct procedure in My Application to Stay the order, if the landlords apply for a warrant of eviction which most likely they will.I have the feeling that the application to Stay the order will be dealt with Before the appeal may even be seen or considered, hence my wanting to Stay the order on those grounds.. does that sound right?
Submitted: 6 months ago.
Category: UK Law
Expert:  Stuart J replied 6 months ago.

What was it that you think the judge did wrong?

As much background detail as possible is really useful please. Thank you

Customer: replied 6 months ago.
In Respect of Tenant-Landlord disputes, is there much difference between Tenants renting from Private landlords as opposed to Tenants renting from Councils as opposed to Tenants renting from Housing Associations? andIf there is:-What are the Differences in respect of the Law, when disputes between the Tenant and any of the above arise?-I will also Welcome Links so that I can study the Information.
Expert:  Stuart J replied 6 months ago.

I’m not certain what’s happened here but it seems to have gone from a question about appealing a judgement to a question about the differences between private landlords and local authority landlords.

The latter question appears to be some kind of hypothetical issue.

What exactly is it that you want to know about this?

Customer: replied 6 months ago.
Don't know what happened here either.
I will Repeat the Original Q and please Mr. Stuart, don't respond to my Q with another Q, as I know exactly what I need to know and I need the Answers to what I am Specifically Asking.
Customer: replied 6 months ago.
If the landlords apply for a warrant of eviction which most likely they will, I will then be making an application to stay the order.My VERY SIMPLE Q at this moment is:
In the application to Stay the order:
Can I also report the landlord's actions for Not following the correct procedure? I believe the answer to be Affirmative but please Confirm.
Expert:  Stuart J replied 6 months ago.

It is very difficult to answer if you don’t want us to ask a question with regard to further information.

However, as that’s what you have asked, I will deal with the question directly:

if the landlord hasn’t followed the correct procedure, for example, if he hasn’t served a section 21 notice for a Assured Shorthold Tenancy, that would be your defence.

So, the answer to your question is in the affirmative. It’s not guaranteed to work but you need to use everything you have at your disposal to beat the landlord.

Related UK Law Questions