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[F1PART 65E+WPROCEEDINGS RELATING TO ANTI-SOCIAL BEHAVIOUR AND HARASSMENT

Textual Amendments

SECTION IIIE+W[F2Demotion claims, proceedings related to demoted tenancies and applications to suspend the right to buy]

Textual Amendments

Scope of this Section and interpretationE+W

65.11.—(1) This Section applies to—

(a)claims by a landlord for an order under section 82A of the Housing Act 1985 or under section 6A of the Housing Act 1988 (“a demotion order”); F3...

[F4(aa)claims by a landlord for an order under section 121A of the Housing Act 1985 (“a suspension order”); and]

(b)proceedings relating to a tenancy created by virtue of a demotion order.

(2) In this Section—

(a)“a demotion claim” means a claim made by a landlord for a demotion order; F5...

(b)“a demoted tenancy” means a tenancy created by virtue of a demotion order [F6;

(c)“suspension claim” means a claim made by a landlord for a suspension order; and

(d)“suspension period” means the period during which the suspension order suspends the right to buy in relation to the dwelling house.]

Textual Amendments

Demotion claims [F7or suspension claims] made in the alternative to possession claimsE+W

65.12.  Where a demotion order [F8or suspension order (or both)] is claimed in the alternative to a possession order, the claimant must use the Part 55 procedure and Section I of Part 55 applies, except that the claim must be made [F9in accordance with rule 55.3(1)].

Textual Amendments

Other demotion [F10or suspension] claimsE+W

65.13.  Where a demotion claim [F11or suspension claim (or both)] is made other than in a possession claim, rules 65.14 to 65.19 apply.

Textual Amendments

Starting a demotion [F12or suspension] claimE+W

65.14.—[F13(1) (a) The claim may be made at any County Court hearing centre;

(b)the claim will be issued by the hearing centre where the claim is made; and

(c)if the claim is not made at the County Court hearing centre which serves the address where the property is situated, the claim, when it is issued, will be sent to that hearing centre.

(Practice Direction 65 makes further provision in respect of claims which are not made at the County Court hearing centre which serves the address where the property is situated.)]

(2) The claim form and form of defence sent with it must be in the forms set out in [F14Practice Direction 65].

([F15Part 16 and Practice Direction 65] provide details about the contents of the particulars of claim)

Textual Amendments

Particulars of claimE+W

65.15.  The particulars of claim must be filed and served with the claim form.

Hearing dateE+W

65.16.—(1) The court will fix a date for the hearing when it issues the claim form.

(2) The hearing date will be not less than 28 days from the date of issue of the claim form.

(3) The standard period between the issue of the claim form and the hearing will be not more than 8 weeks.

(4) The defendant must be served with the claim form and the particulars of claim not less than 21 days before the hearing date.

(Rule 3.1(2)(a) provides that the court may extend or shorten the time for compliance with any rule and rule 3.1(2)(b) provides that the court may adjourn or bring forward a hearing)

Defendant’s responseE+W

65.17.—(1) An acknowledgement of service is not required and Part 10 does not apply.

(2) Where the defendant does not file a defence within the time specified in rule 15.4 he may take part in any hearing but the court may take his failure to do so into account when deciding what order to make about costs.

(3) Part 12 (default judgment) does not apply F16....

Textual Amendments

The hearingE+W

65.18.—(1) At the hearing fixed in accordance with rule 65.16(1) or at any adjournment of that hearing the court may—

(a)[F17decide the claim]; or

(b)give case management directions.

(2) Where [F18the claim] is genuinely disputed on grounds which appear to be substantial, case management directions given under paragraph (1)(b) will include the allocation of [F18the claim] to a track or directions to enable it to be allocated.

(3) Except where—

(a)[F19the claim] is allocated to the fast track or the multi-track; or

(b)the court directs otherwise,

any fact that needs to be proved by the evidence of witnesses at a hearing referred to in paragraph (1) may be proved by evidence in writing.

(Rule 32.2(1) sets out the general rule about evidence. Rule 32.2(2) provides that rule 32.2(1) is subject to any provision to the contrary)

(4) All witness statements must be filed and served at least two days before the hearing.

(5) Where the claimant serves the claim form and particulars of claim, [F20the claimant] must produce at the hearing a certificate of service of those documents and rule [F216.17(2)(a)] does not apply.

Textual Amendments

AllocationE+W

65.19.  When the court decides the track for [F22the claim], the matters to which it shall have regard include—

(a)the matters set out in rule 26.8; and

(b)the nature and extent of the conduct alleged.

Textual Amendments

Proceedings relating to demoted tenanciesE+W

65.20.  A practice direction may make provision about proceedings relating to demoted tenancies.]