Tenant files a defence to a possession claim

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T
tintin
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Dear Dave A.,

I made a possession claim against a tenant under section 21(4), although the tenant is in arrears and quite a lot at that. She has filed a defence on the basis of s.89 of the Housing Act 1980. I read in The Green Book under CPR PD 55A.8 8.1 that the judge will make an order for possession in accordance with rule 55.17, whether or not the defendant seeks a postponement of possession on the grounds of exceptional hardship.

My question is can I or is it necessary that I file an 'answer' to her defence and in what format it should be, explaining that

1. I seek the possession order under CPR PD 55A.8 without hearing regardless and point out that there are arrears, that I have been quite equitable towards the tenant, that this is causing me hardship by not having payments for more than 9 months and that she is just trying to further avoid rent payments

or that

2. I will be happy for postponement on the basis that the tenant pays a certain sum towards the rent. She's revealed in the defence that she gets in excess of 900 pcm pension and after expenses she has about 350 left. I can further explain that I can understand her difficulty to find another place and will allow her to stay until July (as she has expressed) if she pays by certain date certain amount of money.

Thank you in advance for your help.

31/05/2012 00:00

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