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If you have a housing problem you will usually have to use civil proceedings. For example, you want to sue for damages, sue for breach of contract or get an injunction.
You can take civil action in the Magistrates Court, the County Court and the High Court. Which court you use depends on the amount of money you want and what you want the court to do.
Taking civil action
You will usually have to use civil proceedings if you want a court to help with a housing problem. For example, you will have to use civil proceedings if:
- you want to sue for damages
- you want to sue for breach of contract
- you want to get an injunction
You can take civil action in:
- Magistrates Court
- County Court
- High Court
You may be able to take civil action in the Small Claims Court if you are asking for less than £2,000. Which court you use depends on the amount of money you want and what you want the court to do.
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Magistrates Court
You may have to go to the Magistrates Court if:
- you are looking for a non-molestation order after domestic violence
- you have rent arrears
- the Housing Executive is looking to evict from your property
Procedure for going to the Magistrates Court
You must start action within six years. You can get application forms from your local court office.
You can represent yourself in the Magistrates Court, however, it is usually advisable to get legal representation. You may be able to get Legal Aid for your case.
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County Court
You will normally have to go to County Court if:
Procedure for going to court
You or your solicitor must issue a 'Civil Bill' if you are going to go to County Court. You can represent yourself, however, it is usually advisable to get legal representation. You may be able to get Legal Aid for your case.
A judge will decide your case without a jury.
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Small Claims Court
You can go to Small Claims Court if you are:
- looking for less than £2,000 in rent or deposits
- you want less than £2,000 in compensation for unsatisfactory workmanship
- or your property has been damaged and it cost less than £2,000 to repair it
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High Court
The High Court deals with more complex cases than the County Court. The High Court can look at any case, no matter what amount of money you are asking for. However, if the Magistrates Court or County Court can deal with the case you should not go to the High Court.
Your case will normally be heard by a single judge without a jury. Which part of the High Court deals with your case depends on the circumstances of the case.
Queen's Bench
You will usually have to go to the Queen's Bench if you are looking for compensation because of:
- breach of contract
- damage caused to your property
- you have been injured
You can represent yourself in court, however, it is usually advisable to get legal representation. You may be able to get Legal Aid for your case.
Chancery Division
You will usually have to go to Chancery if:
- your home is being repossessed because you can't pay your mortgage
- you are sharing out a deceased person's estate
Your case will usually be heard in the Judge's private chambers without a jury, rather than in a court room. Get specialist help from an adviser if you must appear at a Chancery hearing.
Family Division
The Family Division will decide how to share a shared property when a marriage breaks down. Your case is heard by a judge without a jury.
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