Once you have been evicted, the courts have no power to change the terms of the possession order. However, if appropriate, an application to set aside the eviction can be considered if the possession order was obtained by fraud or there had been an unfair action (oppression) in obtaining the possession order.
What is oppression?
It is not possible to give a definition of oppression. However, some examples have been:
- A tenant who was prevented from applying to set aside a possession order by a housing officer.
- A landlord who failed to tell the tenant, who was on remand, that they were obtaining possession, despite having the contact details for the tenant.
- A tenant who was evicted despite being told that nothing would happen until their benefit claim was processed.
Claims for oppression need to be made to the courts without delay. Speak to an adviser immediately – see advice near you to find an adviser in your area.
Can I appeal against a court decision?
While you do have a right to appeal against a court decision, you would have to be able to prove that a judge had clearly made a wrong decision. An appeal has to be lodged at court within 21 days of the date of the original order. Speak to an adviser if you think you might be able to appeal – see advice near you to find an adviser in your area.
We are sorry that we cannot provide this information in Welsh, however if you would like to speak to an adviser in Welsh please contact 0345 075 5005.