8:06 AM, 10th June 2014, About 8 years ago 7
Having obtained a possession order for over £11k rent arrears, and booked a bailiff, my tenant has now used legal aid to request a further hearing to try to set aside the order. This request is based upon a claim by the tenants solicitor that I had (since the possession order was made) received a back payment of £6k.
The hearing has been granted. Since then the tenants solicitor now accepts that they were mistaken, and no back payment has been made and the debt still stands at £11k.
Is there a point in law where the tenant or their representative, who now accepts that the premises on which they asked for the hearing was incorrect, (ie the payment of the £6000) would need to go back to court to resubmit a new request for a hearing based on an alternative change to which the basis of the request for a hearing was made. or is this wishful thinking on my part.
The reason for my question is that the new hearing is after the bailiff eviction date.