N161 Court Form

Can I appeal a judge’s decision? Yes. If you are not satisfied with the result of a hearing, you can appeal it. 

In order to lodge this appeal with the court, you must submit an N161 form (or “appellant’s notice”). However, this is a very complicated process and should not be relied upon as a form of defence.

Even if you only contact us once you’ve reached this stage, we can still help. Our goal is to stop the repossession of your home and our experience navigating this tricky legal area can help us do so.

N161 Appeal Process

  • Possession Hearing

    If you lose your possession hearing, the court bailiff will schedule an eviction date and time. That is when the locksmith will be round to change your locks and hand the keys over to an estate agent. Contact us immediately. We will use the N161 form to try and overturn this decision.

  • Filling Out the N161 Form

    The N161 appeal form that you submit must be detailed, accurate, and based on points of law. You will need to provide basic information, such as your contact details, the names of all parties involved, and the claim/case number you are appealing against. Most importantly, you need to set out your grounds of appeal and arguments in support.

  • Results of the Appeal

    If your appeal is upheld, the original order will be overturned by a Circuit Judge in the County Court. This typically happens when the District Judge (who made the original decision) either misapplied the law or made an error. Your appeal could also result in a new hearing. As we understand the legal mechanics of this process, we know exactly how to frame the appeal to give you the best chance at success.

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We help save your home by stopping your eviction, helping you clear your arrears negotiating with your lender.

Grounds for Appeal

If you have defended your repossession correctly at the first hearing, there is definitely a chance that your appeal will be successful. If you did not, it is very unlikely.  

When you appeal a District Judge’s decision, it is typically heard by a Circuit Judge. Even if the Circuit Judge feels that they would have made a different decision themselves, they have to determine whether the District Judge was legally wrong to reach the decision they did. 

This is because the appeals court will not typically interfere with a judge’s use of discretion. The District Judge would have had to be wrong on a point of law for the Circuit Judge to be able to overrule their decision.

If the District Judge refused to stop the eviction, there are no legal grounds to make an appeal simply because you do not like the decision. However, if you presented a legally structured defence and the District Judge ignored it, then you may have grounds for appeal.

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Form N161: Further Information

The grounds for appeal will have to be spelt out in an N161 application. The fee for filing it is £255.

Remember that lodging an appeal application will not always stop the eviction order from proceeding. Your application may well be heard after the eviction date with your locks already having been changed. At this stage, it is difficult to win even on a point of law.

That is why you must contact us as soon as possible. The longer we have to formulate the right strategy, the more likely it is that we will stop the repossession of your home.

It is never too late to contact us, even if your eviction is only an hour away. Call 0800 298 0571

What people have to say about Home Owner Management Services

Thank you so much for your help. We can now keep our home for the long term. We now have to pay our Lender a monthly payment we can finally afford after a year of turmoil. The hardest thing was unpacking all the boxes we had already packed because we thought there was no hope.

Everything you did for us was so quick and professional, our home was saved before we knew it, it took some time to sink in, but they really did achieve what we thought was impossible. In less than 24 hours of phoning them the eviction order was cancelled.

With the weight off our shoulders we can concentrate on living again and earning the money we need to pay the mortgage without living in fear of the Bailiff knocking on the door with an eviction order!

Mr & Mrs J W

I really had my head in the clouds as I believed I now had no where to turn. I had already made my appointment with the council to assess me for emergency housing. However my council said they could only find me a hostel to stay in. 1 call to Aggressive Lender Solutions and I no longer had a problem.

They resolved the Eviction order in a matter of days, giving me every confidence that they could achieve it, every step of the way. I don’t know where Id be if they didn’t help.

Mr B
I was at a total loss at what to do with my situation, having been a mortgage broker, I was convinced I had the ability to talk to my lender and negotiate however; nothing I could offer was good enough!

They explained the process to stop the eviction and when it all came together it was like a case of De Ja Vu, it went EXACTLY as they said it would. They got me enough time to save up my deposit to go and rent, and I just let the lender have the house because I had negative equity anyway.

I am now back to a comfortable state of living and have no stresses anymore. I didn’t have to borrow any money from anybody because I didn’t have to pay the mortgage while I was saving up for my rent.

The best part was having the ability to remove my belongings at my own pace, and it not being done for me! I didn’t need to arrange storage or anything. I cant begin to express how grateful I really am!

Mr L

I really can’t thank you guys enough. I was certainly headed for another breakdown, however, the sheer weight of your support saved me from despair and I am sat at home nice and  warm, in familiar surroundings thanks to you.

I can’t believe, looking back, how much time I wasted trying to convince the lender to let me stay, so many documents and offers, my only regret is honestly not phoning you sooner.

Mrs M