Appeal against county court decision after hearing

[Jasmin14]

Hi,

 

I went to the court with my landlord who served me a section 21 notice and my defence was that this last did not protected the my deposit nor returned it but surprisingly the judge has given the order for possession to my landlord.

 

As a result, I am making an appeal and for this purpose I am filing the form N161. However, I would like to know in my case, regarding the field "Nature of the decision you wish to appeal" which of the following I have to choose (the judge refused my first appeal at the hearing and gave me a copy of a document called "Reasons for allowing or refusing permission to appeal") :

 

- Case management decision

- Final decision

- Grant or refusal of interim relief

- A previous appeal decision

 

Thanks in advance for your help,

[BankFodder]

I suppose that it must ne the second - final decision

[Jasmin14]

Couldn't I just tick all the four?

[Lea_HTH]

What's more important was that the judge awarded the PO because he didn't believe your defence - so either he decided, on the facts presented by you and the LL, that no deposit was taken, ergo it did not need protecting, or that the deposit was returned.

 

If there was a deposit, and the judge found that there was - i.e. the evidence was concrete, then the judge would have no discretion but to dismiss the possession claim. To do otherwise would have been an error in law, and it would be on that basis you would make your appeal.

 

I suspect the whole story hasn't been given.

[Jasmin14]

What's more important was that the judge awarded the PO because he didn't believe your defence - so either he decided, on the facts presented by you and the LL, that no deposit was taken, ergo it did not need protecting, or that the deposit was returned.

 

If there was a deposit, and the judge found that there was - i.e. the evidence was concrete, then the judge would have no discretion but to dismiss the possession claim. To do otherwise would have been an error in law, and it would be on that basis you would make your appeal.

 

I suspect the whole story hasn't been given.

 

It is shown on my bank account and the tenancy agreement that the deposit was paid.

[mariner51]

Yes, but LL could have repaid deposit before serving s21.

 

 

Did you attend hearing?

[Lea_HTH]

It is shown on my bank account and the tenancy agreement that the deposit was paid.

 

The point is that the judge obviously didn't believe that, or believed that it had been repaid.

 

Give the full story so you can get the help you're asking for.

[Jasmin14]

This is the full story.

[Lea_HTH]

This is the full story.

 

It can't be.

 

You were at the hearing. The judge dismissed your claim that the deposit hadn't been protected. WHY? He/she would have given their reasons in the judgment.