Defending Section 8

[peeta]

Hi atticus , pls see below.

______________________________
CONSENT ORDER
______________________________

UPON the parties having agreed to adjourn these proceedings on the basis that there is now a payment
arrangement in place and also on the basis of the future compliance with its terms

AND UPON the Defendants having agreed to the Claimants’ legal representative presenting this Consent
Order to the Court at the hearing on 27 July 2022 at 10.30 pm on the parties’ behalf, to avoid the necessity for
the Defendants having to attend the said hearing;

IT IS ORDERED BY CONSENT:
1 These proceedings are adjourned generally, with permission to restore.
2 No order as to costs.

Dated this day of 2022

[atticus]

Those seem to me to be very good terms. The order itself does not provide for payment, so failure to pay will not be a breach of the order - all the claimant can do is apply to court to revive the case.

If you pay in accordance with the arrangement (details of which are not given) then there will be no grounds to seek to restore the claim. But you would have to ask the claimant to issue a formal notice of discontinuance.

If you agree these terms, I see no need for you to attend court.

[peeta]

thanks atticus

The payment arrangement was agreed on a email without prejudice and LL's solicitors sent me this consent order and the without prejudice copy of the email in 'open correspondence' and have me signed both.

is that normal or you always have the payments terms within the consent order itself?

I wonder why did they have the payment terms in without prejudice letter and not in consent order - is that to be able to resume proceedings at a later date of their choice even if I keep up with the payments as then I will not be able to prove to judge I have been making payments?

I really do not understand their motives behind this. do you have any idea?

[atticus]

I wouldn't bother with the wondering why. Doing it this way is probably better for you, precisely because they have not put the payment terms in the draft order.

Let's just say that I would have prepared something rather different if I had been acting for your landlord.

[peeta]

thanks atticus

I will not worry then, at least it is not detrimental for me..but I am very keen to know what advantage I would have this way though, if you can spare few sentences

For now, my plan is to pay the arrears and ask them to discontinue their claim then..

[atticus]

Here you are

Those seem to me to be very good terms. The order itself does not provide for payment, so failure to pay will not be a breach of the order - all the claimant can do is apply to court to revive the case.

[peeta]

cheers atticus - final questions (sorry I have asked a lot),

1) In the off chance, I fail to keep up with the payment for whatever reasons, LL then would restore hearing, so I would have a chance to make any case before possession order is granted..right ?

2) just for my future benefit (I know I had already signed the consent order and it is late now), would there be any merit in not agreeing to such a favourable consent order and instead, file all the defence papers, attending the hearing and presenting the case and and Judge with a view to get even more favourable outcome (i.e one with more time to clear the arrears than the one I had signed) - what I am asking here essentially is, could the consent order I signed be bettered by Judge (if I had filed defence)

Thanks in advance...

[atticus]

1. yes.

2. If there is, I struggle to see it.