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Breach of Court Order, the Property Tribunal
I am being taken to court for late application of a HMO due to a change of rules.
The applicant has not dated the application, this has not been addressed by the tribunal.
The judge issues orders for the bundle to be provide by 19 December, they were late providing the bundle to the Court by 1 day, to me by 5 days and the other respondant has not received the bundle at all.
I wrote to the court setting out the procedures and asked for the claim to be struck out.
The applicant said it was due to a death in the family, the death occurred before the application was made, some 2 months before the bundle was due.
I wrote again to the court setting out the chronology and how the death could not have impacted the bundle submission because the application was made, witness statements etc.
The applicant came back and said he realised he was going to be late and said he was comply going forward saying that the Court has be reasonable before (I don’t know if there have been other breaches) and also said the court was aware of another case he used the death to allow delays on the same day.
I wrote back asking the court to consider that the applicant has made 4 breaches and had also deliberately misled the court over the reasons for the delay.
I have now received a letter saying they had complied nor do not to worry everything can continue, it would not be struck out.
there are two element, he did not date the application and so time at cannot be looked at and the breach of the tribunal rules which state that non compliance of the court orders result in it being struck out.
I would like to appeal this and was thinking the case of BPP holdings v HMRC.
Can anyone advice if this is relevant or any other advice on how to respond. The application has a from Tower Hamlets council
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The applicant has not dated the application, this has not been addressed by the tribunal.
The judge issues orders for the bundle to be provide by 19 December, they were late providing the bundle to the Court by 1 day, to me by 5 days and the other respondant has not received the bundle at all.
I wrote to the court setting out the procedures and asked for the claim to be struck out.
The applicant said it was due to a death in the family, the death occurred before the application was made, some 2 months before the bundle was due.
I wrote again to the court setting out the chronology and how the death could not have impacted the bundle submission because the application was made, witness statements etc.
The applicant came back and said he realised he was going to be late and said he was comply going forward saying that the Court has be reasonable before (I don’t know if there have been other breaches) and also said the court was aware of another case he used the death to allow delays on the same day.
I wrote back asking the court to consider that the applicant has made 4 breaches and had also deliberately misled the court over the reasons for the delay.
I have now received a letter saying they had complied nor do not to worry everything can continue, it would not be struck out.
there are two element, he did not date the application and so time at cannot be looked at and the breach of the tribunal rules which state that non compliance of the court orders result in it being struck out.
I would like to appeal this and was thinking the case of BPP holdings v HMRC.
Can anyone advice if this is relevant or any other advice on how to respond. The application has a from Tower Hamlets council
*
