Tenant asking for possession order to be set aside using Relief of Sanctions?

Tenant asking for possession order to be set aside using Relief of Sanctions?

0:01 AM, 27th September 2023, About 2 months ago 16

Text Size

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.



Share This Article


Maureen Treadwell

9:41 AM, 27th September 2023, About 2 months ago

Good lord! I understood that 'Relief from sanctions' was only to be applied in extreme cases as this could lead to a 'get out of jail' card for every misdemeanor on the planet. Vexatious use has high penalties. https://www.stiveschambers.co.uk/content/uploads/2020/05/Relief-From-Sanctions-Articles.pdf I cannot imagine any circumstances where this would apply to a Section 21 but given the imbalance in the law between landlords and tenants, nothing would surprise me. Good luck with it.

Sheridan Vickers

9:47 AM, 27th September 2023, About 2 months ago

It beggars belief what these tenants can get away with. What's the point of a having a court system when it only works one way. The court process is supposed to be a fair system but I see nothing fair in it. I was told there is no justice and I'm seeing it daily in this country. The law's a farce. I wish you every luck in your case and hope you get your property back. I don't even know what's happening now in your case and what the tenant is trying to achieve. If she's not paying rent, then it makes it even more annoying and unfair. What a pain for you. I hope you win win win. All bad tenants and bad landlords should be named and shamed.

David Houghton

10:04 AM, 27th September 2023, About 2 months ago

I have had this before.
The Court considered losing their home to be more important than a money judgment, and on paper the additional landlords financial losses could be remedied.

On the plus side, the judge didn't want matters to drag on so set a date during the hearing.

Yet another reason to use s21 rather than S8 and pack up ifit disappears

Kevin Wade

10:10 AM, 27th September 2023, About 2 months ago

Sadly the system is highly weighted towards the defendant in property cases. It should be fair on both sides.
I can see an escalation to the "Old Days" where a heavy is sent round to "encourage" the tenant to leave.
I'm not suggesting this is right, but I forsee it becoming a viable alternative to desperate landlords at their wits end with the legal process.
P.S. I don't expect this post to stay up long.


10:22 AM, 27th September 2023, About 2 months ago

Reply to the comment left by Kevin Wade at 27/09/2023 - 10:10You could try writing to the tenant's solicitors, pointing out the history (how do you know the tenant did not inform the solicitors of the history?) and stating the application is an abuse of process and you will be seeking indemnity costs if the application is not withdrawn

Dem P

10:40 AM, 27th September 2023, About 2 months ago

Sadly the courts have no regards to deadlines, and as mentioned above S21 is always the best option. I think agents always start with an S8, but without any recourse to asset in the tenants name it's a total waste of time and money.
I hope tenant counter gets thrown out but there's no telling what the judge will do on the day.

Good luck.

Freda Blogs

11:30 AM, 27th September 2023, About 2 months ago

Just clarifying - you served a S8 but have not served a S21? As galling as it is, perhaps serving a precautionary S21, assuming you have all the relevant paperwork, could serve you well - whilst you still can.

Was the S8 on mandatory or discretionary grounds? Either way, this has been a long hard road for you, and I am wondering whether you should highlight it to NRLA and other LL organisations and even more widely - whether or not the claim is successful, it shows just how hard it is for LLs to obtain possession, particularly where you have good grounds, and how the law is seemingly always on the side of tenants, irrespective of the rights and wrongs of a case.

This should also be highlighted to Michael Gove et al. If this tenant wins, all hell could break out in the LL community, and even more will be heading for the Estate Agent before S21 is removed.

We don’t have all the facts on your case, and if you were willing to share them, perhaps other LLs would contribute to a GoFundMe request. On the face of it, this seems such an egregious abuse of process that could have far reaching ramifications for many LLs.


11:31 AM, 27th September 2023, About 2 months ago

Reply to the comment left by David Houghton at 27/09/2023 - 10:04
The judge gave the possession order, and then 1st August she applied after the court hearing and granted possession order her's is dated 1st August

Markella Mikkelsen

11:52 AM, 27th September 2023, About 2 months ago

Hi Lesley,

Serve a Section 21 today if you can with all the paperwork. Include: How to Rent Guide, latest GSC and EPC together with the Section 21 (Form 6a) available from the NRLA website. Post First Class and keep proof of postage.
It will still be quicker than the merry-go-round you have had to go through with the Section 8.
And the tenants cannot use Breathing Space, Relief of sanctions or any other scheme out there to get out of it. With any luck, you will not even need a hearing.
I am based in Manchester and I can normally turn a S21 round in 4 months from the date of postage to the date they have to be out of my house.

I agree with Freda Blogs - document your case and share it with the NRLA, your MP, your local paper, Michael Gove, etc. to serve as an example of how inadequate the current system is. And why we are using S21 instead.
I will keep saying it till I am blue in the face: S21 is not "no-fault" eviction. It is "no reason asked". I am sure most of us would be happy to provide one.


12:03 PM, 27th September 2023, About 2 months ago

Reply to the comment left by Dem P at 27/09/2023 - 10:40
She had already been debarred, we were given the possession order on 11th July 2023

she sent in her notice of hearing of application CPR 3.9 dated 1st August 2023.

1 2

Leave Comments

In order to post comments you will need to Sign In or Sign Up for a FREE Membership


Don't have an account? Sign Up

Landlord Tax Planning Book Now