Tenant appealing sect 21 possession order and transcript lost?Make Text Bigger
I’m wondering if someone can advise on here in regards to appeals following a possession order made under mandatory ground S21. Essentially I was granted an order for possession back in Nov 2018 for my property under the mandatory S21.
My tenant has appealed this order and was given until Dec 2018 to lodge a transcript of the hearing. I found out in early Jan 2019 that there was a problem with the transcript, it turns out that at the hearing, someone either forgot to press record on the machine or the machine broke, the court can’t establish exactly what! So my paper work and the tenant’s application to appeal was put in front of a circuit judge.
I provided the court will all my evidence, witness statements etc to set a clear picture of why the original order should be up held. I have since been told that the circuit judge who viewed all the paper work has given direction for it now to be heard at another hearing.
Can someone please explain to me whether this is fair and correct ?
Surely, with all the evidence laid out on paper and with the absence of any transcript, the circuit judge could make a decision without it having to go to another hearing?
If the transcript was available I sense this second hearing wouldn’t be happening! I have also since been told that in circumstances where a transcript is not available the tenant is to put together a note of the hearing and work with the landlord to agree it so far as possible. I confirm in my circumstance this has not happened!
As it stands presently, I’m still waiting to hear back from the court to confirm when a hearing date is happening. This is now three months down the line from when I was given the original order.
Any advice would be greatly appreciated.
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