0:01 AM, 27th September 2023, About 2 months ago 16
Hi everyone, we won our possession order back in July 2023, but the tenant has asked for a relief of Sanction CPR 3.9. We have her draft order she got the local law centre to assist with and all the documents she submitted with the hearing date letter.
We have received the information about a hearing for January 2024, in the post but doesn’t state who is to attend.
Background to case: The tenant wants to send in her Amended Claim and Counter Claim.
She had nine months to send in her defence and counterclaim. She finally did after that time, and also it got extended, she didn’t tell her new free solicitor that! Only the fact it was extended in 2023, we started this Section 8 back in 2022.
We cannot believe that we went to court for the 4th time, were granted mandatory possession, and she was due to leave on or before 25th July 2023. We paid for Bailiffs on 3rd August over the phone, as our request was hand-delivered to the court on the 1st of August 2023,
She sent her stuff to the court, and hers was dated 1st August 2023, all done by the solicitor, and we only received the information by post dated 20th September 2023.
Note: Relief from sanctions 3.9 law states:
(1) On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order, the court will consider all the circumstances of the case, so as to enable it to deal justly with the application, including the need –
(a) for litigation to be conducted efficiently and at proportionate cost; and
(b) to enforce compliance with rules, practice directions and orders.
(2) An application for relief must be supported by evidence.