Is there anywhere I can go to seek compensation for court errors?

Is there anywhere I can go to seek compensation for court errors?

9:16 AM, 13th May 2024, About a month ago 16

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Hello, I am currently going through Section 21 route to evict my tenants who haven’t been paying rent since November 2023. Instead of issuing a possession order, a judge has set a hearing date in July this year stating since October 2015 , a valid EPC certificate is needed to use Sec 21.

While my rental agreement was dated prior Oct 2015, the reason stated by the judge is clearly incorrect.

I still have to wait to hear from the judge for my appeal and as the tenants are not paying rent, is there anywhere I can go to seek compensation for the delay caused by the court?

I did have a valid EPC certificate when the rental agreement was signed, it was included with my court documents. As the first EPC expired during the tenancy, I didn’t renew it, as I was told no need to issue a new one if the same tenants stayed on.

A new EPC has been done since I issued a Section 21 and it was also included in my Court papers as well.

I spoke to the NRLA support line, who says court may have made an error.

Has anyone encountered the same problem as me? Will court compensate me for my loss caused by their mistake?

Thank you,

S


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Comments

Cider Drinker

9:19 AM, 13th May 2024, About a month ago

Judges are not legal experts. They make mistakes. This is why I’d use an eviction specialist if ever I needed to gain possession of a property?

L Bennett

10:18 AM, 13th May 2024, About a month ago

Reply to the comment left by Cider Drinker at 13/05/2024 - 09:19
IGNORANCE OF THE LAW (AND I DARESAY ACTS AND STAUTES) IS NO EXCUSE.

THEY HAVE A DUTY TO ACT CORRECTLY.

Hamish McLay

10:29 AM, 13th May 2024, About a month ago

As Cider Drinker implies, we are increasingly seeing the need to use "the experts in their field" among our lawyer brethren. Sadly, and not just in this situation, the need for the right expert only becomes apparent after the horse bolts. I think all of us could do right by drawing up a list of specialist lawyers just so as to be able to cope with the variety of situations that arise.

All that said there should also be a right to address the legal error on the part of the Judge.

TJP

10:34 AM, 13th May 2024, About a month ago

The courts in Brent are in a total shambles. Justice is a matter of pot luck. I'm two and a half years into a section 21/section 8 eviction. I currently have a repossession order since October of last year, but the court cannot or will not appoint a bailiff nor tell me why. They are ignoring their own order !!! Total costs, over £16000 and rising, including £6000 legal costs. Everyone blanks me, including my MP. So good luck with that.

reader

12:12 PM, 13th May 2024, About a month ago

If you know your onions well enough you can ask for it to be relisted with a view of allowing the judge to correct his "misdirection".

Reluctant Landlord

14:09 PM, 13th May 2024, About a month ago

package up a reply to the courts basically saying the judge is at fault, but without saying the judge is at fault...

...suggesting as READER says, either the possession order is given immediately (as all requirements have been clearly met and there must have been an 'oversight'), or if a relisting is deemed warranted, ask for the reason why and strongly request the next court date ASAP.

Paul Dorney

15:03 PM, 13th May 2024, About a month ago

Forget about the S21 route and use S8 on the grounds of rental arrears, 2 weeks notice to tenant then file to court again.
No need for EPC as not relevant.

David Houghton

17:48 PM, 13th May 2024, About a month ago

Nope. Crown immunity. In such cases (some of my tenancies pre date has safety cert rules) I quote the law and why it's not necessary in my initial witness statement

George Ado

18:14 PM, 13th May 2024, About a month ago

Hmm. Good question. A doctor can be sued if they make a mistake but somehow, a judge who makes a mistake cannot be sued.

I think in this case, judges are above the law.

Dylan Morris

20:41 PM, 13th May 2024, About a month ago

No wonder landlords are selling up when the Courts don’t even know the law. The U.K. is a banana republic. (The obvious answer is to set up a specialist housing court but no way the authorities want that as this would be seen as beneficial to landlords).

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