UK Landlord Forum / Life

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 docs she submitted with the hearing date letter.

We have received the information of a hearing for January 2024, in the post but doesn't state who is to attend.

We can't work it out.

You've been told by the court that there will be a hearing after an application by the other side. Are you seriously wondering whether you should attend? 

The paperwork should explain what the basis is for the relief of sanction, because the tenant has to have a basis for the claim (unless it's simply a spurious attempt to delay matters because of the massive backlog in court times).

But you should plan to attend and address whatever the basis for the request to set aside the possession claim is.

Quote from: KTC on September 23, 2023, 09:53:48 PMYou've been told by the court that there will be a hearing after an application by the other side. Are you seriously wondering whether you should attend? 

Quote from: KTC on September 23, 2023, 09:53:48 PMYou've been told by the court that there will be a hearing after an application by the other side. Are you seriously wondering whether you should attend? 

No this is a Notice of Hearing Application, there are no instructions, just what date and time, which is 3 months away, and this is dated 20th September 2023 from the court.

We want to have the hearing date changed to sooner, no idea how we can do that if there is a form we can send to the court requesting this? how do we/can we respond/oppose to the application

We  served the Section January 2022 and granted the Possession Order 11th July 2023 after 3 prior court visits, and the first hearing was cancelled due to the court being flooded, tenants were due to leave on or before 25th July 2023.  I requested bailiffs forms signed and 26.07.2023, and completed their risk assessment sent all the paperwork by hand 01.08.2023. Bailiffs office called 3rd August for payment. (I live in Spain, so a neighbour in the UK printed them)

Tenant has requested Relief from Sanctions under CPR 3.9 hers also dated 01.08.2023, however, supporting docs e.g her free solicitor his statement and change was dated 08.08.2023. 

Her draft dated 01.08.2023 is requesting to 
1. The order for Possession dated 11th July 2023 be set aside
2. Defendant be given permission to file Direction Questionnaire
3. Permission to file and serve Amended Defence and Counterclaim for disrepair
4. Defendant be grated for relief from Sanctions
5. Costs in the case

there are no instructions, just what date and time, which is 3 months away, and this is dated 20th September 2023 from the court.

We want to have the hearing date changed to sooner, no idea how we can do that if there is a form we can send to the court requesting this? how do we/can we respond/oppose to the application

We  served the Section January 2022 and granted the Possession Order 11th July 2023 after 3 prior court visits, and the first hearing was cancelled due to the court being flooded, tenants were due to leave on or before 25th July 2023.  I requested bailiffs forms signed and 26.07.2023, and completed their risk assessment sent all the paperwork by hand 01.08.2023. Bailiffs office called 3rd August for payment. (I live in Spain, so a neighbour in the UK printed them)

Tenant has requested Relief from Sanctions under CPR 3.9 hers also dated 01.08.2023, however, supporting docs e.g her free solicitor his statement and change was dated 08.08.2023.

Her draft dated 01.08.2023 is requesting to
1. The order for Possession dated 11th July 2023 be set aside
2. Defendant be given permission to file Direction Questionnaire
3. Permission to file and serve Amended Defence and Counterclaim for disrepair
4. Defendant be grated for relief from Sanctions
5. Costs in the case

there are no instructions, just what date and time, which is 3 months away, and this is dated 20th September 2023 from the court.

We want to have the hearing date changed to sooner, no idea how we can do that if there is a form we can send to the court requesting this? how do we/can we respond/oppose to the application

We  served the Section January 2022 and granted the Possession Order 11th July 2023 after 3 prior court visits, and the first hearing was cancelled due to the court being flooded, tenants were due to leave on or before 25th July 2023.  I requested bailiffs forms signed and 26.07.2023, and completed their risk assessment sent all the paperwork by hand 01.08.2023. Bailiffs office called 3rd August for payment. (I live in Spain, so a neighbour in the UK printed them)

Tenant has requested Relief from Sanctions under CPR 3.9 hers also dated 01.08.2023, however, supporting docs e.g her free solicitor his statement and change was dated 08.08.2023.

Her draft dated 01.08.2023 is requesting to
1. The order for Possession dated 11th July 2023 be set aside
2. Defendant be given permission to file Direction Questionnaire
3. Permission to file and serve Amended Defence and Counterclaim for disrepair
4. Defendant be grated for relief from Sanctions
5. Costs in the case

Sadly I don't think your request will be granted.There are still very long delays in many areas.In your position I would not try to deal with this from another country.A specialist eviction company will cost you,but I think you need one.