How to lift a County Court "stay"

Discussion in 'Conveyancing, Leaseholder & General' started by Jacki Lloyd, Mar 23, 2017.

  1. Jacki Lloyd New Member

    I’m a Freeholder who is suing a leaseholder for non-payment of his residential buildings insurance. We both attended a County Court hearing in Oct’ 2016 and the judge put a “stay” on the case and referred it to the First Tier Property Tribunal for a decision on whether I had properly interpreted the lease and charged the other party fairly.

    In Jan’ 2017 we both attended the Tribunal hearing in central London and they found entirely in my favour. The leaseholder subsequently appealed but the appeal was refused and the case was referred back to the County Court saying I must “apply to have the stay lifted”. Does this mean I have automatically won all my costs and expenses?
    I just want the final judgement to enable me to get the Sheriff's to pursue him for payment.


    Can anyone tell me how to get this stay lifted please? I looked at the court forms on the internet and tried emailing the court to ask which form I may need but a very unhelpful person replied that "if I didn’t know I should get legal advice". (Where from??) I emailed again asking if Form N244 was appropriate but have just had the same unhelpful response. They have no court office for me to visit and I don't know where to turn.
    Thanks for any advice ... Jacki
  2. Jeffrey Shaw Member

    I do not deal with litigation, so all I can do is guess that:
    a. yes, you won the case;
    b. you'd need to claim your costs on the proceedings (as they're not awarded unless you ask for them and the Court agrees); and
    c. you do need to apply to have the stay lifted, enabling you to re-start the action based on non-payment of the insurance costs. No, I've no idea how- sorry. Perhaps your local CAB could tell you, or look at http://www.bing.com/search?q=apply ...=C1A005A2B4283&form=CONBDF&conlogo=CT3210127?
  3. Jacki Lloyd New Member

    Thanks for the info' Jeffrey
    Regards, Jacki

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