Once you have been evicted, the courts have no power to change the terms of the possession order.
In limited circumstances, 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 contract-holder who was prevented from applying to set aside a possession order by a housing officer.
- A landlord who failed to tell the contract-holder, who was on remand, that they were obtaining possession, despite having the contact details for the contract-holder.
- A contract-holder who was evicted despite being told that nothing would happen until their benefit claim was processed.
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 immediately if you think you might be able to appeal.