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I have a claim against me with Tower Hamlets council for a HMO application on behalf of the tenants- I was late in applying. *The original instructions were that the applicant should submit their bundle by 19 December to all defendants myself and my agent. *My AST contract is with the letting agent and they have individual AST with the tenants. Tower Hamlets did not copy and send in their bundle late to the Court, 5 days late to me and to my knowledge still have not sent it to the letting agent. *The Court have also made several errors in their process and the original application is unsigned *-so another breach of process. I cited the tribunal rules in support of my application to strike this out.
I asked for the claim to be struck out (as per the orders) and Tower Hamletts said they were late due to a death of a distant relative - the death happened before they even made the application. I wrote again setting out the timelines and listed several breaches / errors and they came back saying that he did not have time to submit the bundle, so he misled the Court. *In that correspondence he seems to suggest that the Court had been accommodating in the past and hoped they would be again. (My mind moved to the Bribery Act straight away and so have made a subject access request which I still await.) He cited another case which he had contact the Court on the same day to use this death as an excuse for delays.
I appeal to the Court asking for it to be struck out setting out in detail the errors, breach and the case of BPP Holdings V HMRC *in the Supreme Court which I felt was relevant. *
The Judge has come back saying that he does not grant the appeal but has not responded to any of the letter saying that there are no obvious errors and he is not gin to provide an explanation.
Can anyone tell me how to appeal this and if I still need to attend the tribunal and comply with the order while *the appeal is ongoing (that is what the letter says). He quotes rule 53 (1) of the tribunals rules - I can't find this rule?
Many thanks
I asked for the claim to be struck out (as per the orders) and Tower Hamletts said they were late due to a death of a distant relative - the death happened before they even made the application. I wrote again setting out the timelines and listed several breaches / errors and they came back saying that he did not have time to submit the bundle, so he misled the Court. *In that correspondence he seems to suggest that the Court had been accommodating in the past and hoped they would be again. (My mind moved to the Bribery Act straight away and so have made a subject access request which I still await.) He cited another case which he had contact the Court on the same day to use this death as an excuse for delays.
I appeal to the Court asking for it to be struck out setting out in detail the errors, breach and the case of BPP Holdings V HMRC *in the Supreme Court which I felt was relevant. *
The Judge has come back saying that he does not grant the appeal but has not responded to any of the letter saying that there are no obvious errors and he is not gin to provide an explanation.
Can anyone tell me how to appeal this and if I still need to attend the tribunal and comply with the order while *the appeal is ongoing (that is what the letter says). He quotes rule 53 (1) of the tribunals rules - I can't find this rule?
Many thanks
