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Making an appeal – what it means

An appeal means asking for the judge’s decision in the original hearing to be looked at again. Making an appeal is different to asking a judge to delay eviction or change the payments you make to stay in your home.

You’ll only be able to appeal if you can show the judge made mistakes about the law or facts of your case when making a decision. Giving reasons for having an appeal is sometimes called ‘grounds for an appeal’.

Deciding on the appeal

The judge who decides on the appeal will be more senior, or ‘higher level’, than the judge who made the original decision.

Getting advice if you want to appeal

If you want to appeal against the original decision you should get legal advice. You can find a legal adviser from the Community Legal Advice website.

• Find a legal adviser Opens new window

Applying to have an appeal

You may ask the judge if you can appeal (otherwise known as 'permission' or 'leave' to appeal) at the end of your original possession hearing. If you get permission to appeal, you need to make an application very soon after your original possession hearing.

Once you get permission to appeal, you’ll have to apply for an appeal hearing. You’ll have to pay a fee to the court to get an appeal hearing. If you are on benefits or low pay, you may not have to pay the fee (otherwise known as ‘fee remission’). Follow the link below to find out about fee remission.

• Find out about fee remission – Her Majesty's Court Service website (PDF, 381K) Opens new window

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If the judge refuses permission for an appeal – what to do

You can ask a higher level judge for permission to appeal if:

• the judge in your original hearing refuses you permission to appeal
  
• you didn’t ask for permission in your original hearing

The higher level judge will decide whether to give you permission to appeal by looking at the court papers for your case or by holding a new hearing.

Appeal hearing – what could happen

If you do get permission to appeal, there will be an appeal hearing with a higher level judge making a decision. At the hearing the judge can decide a number of things, including:

• keeping the original decision
  
• dismissing (‘setting aside’) or changing (‘varying’) the original decision
  
• ordering a new hearing
  

The judge can also decide who should pay the costs of the appeal hearing (the legal costs like hiring a solicitor and the court fees). For example, the judge may decide that the person who loses should pay the costs of the other side.

Rent arrears – find out more

• Tenants and lodgers in arrears - what happens

• Preparing to go to court for rent arrears

• Going to court for rent arrears - what happens on the day

• Rent arrears - what the judge can decide

• Rent arrears - what happens after a hearing and what you should do

Useful contacts

• Home and community useful contacts

• A-Z of local councils

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