EFIS 31, June 2004 : Civil Procedure

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Section III of the Civil Procedure (Amendment) Rules 2004 will introduce new rules for "demotion" orders which can be made under section 82A(2) of the Housing Act 1985 or under section 6A(2) of the Housing Act 1988 on 30th June, as part of the Anti-Social Behaviour Act 2003.

The Court Service has revised existing forms N5, N5B, N11B, N11R, N16A and N119 to take account of these developments but in addition has introduced new forms N11D, N122 and N6 to cater for demotion claims.

Demotion orders can be sought by a local council, housing action trust or a registered social landlord as an alternative remedy to a possession order against the tenant.

N6 is the claim for demotion of a tenancy on the grounds that the defendant has either engaged in (or allowed) anti-social behaviour to occur on the rented property.

N11D is the defendant's response to N6 whilst N122 provides detailed information about the defendant's alleged conduct on the property.

Current versions of N5, N5B, N11B, N11R and N119 should not be used after 29th June whilst only the new and amended forms supplied herein should be used on or after 30th June which is when the Civil Procedure (Amendment) Rules 2004 will come into force.

Finally we take this opportunity to make minor field amendments to form HCPF149 which is available for your immediate use.

Forms affected

N5	Claim Form for Possession of Property (and Notes N7, N7A, N7B)	New/Amended
N5B	Claim Form for Possession of Property (Accelerated procedure)(Assured shorthold tenancy) (including Notes N5C)	New/Amended
N122	Particulars of claim for demotion order	New/Amended
N11D	Defence form (demotion of tenancy)	New/Amended
N6	Claim Form for demotion of tenancy (including N7D (Notes) for Defendant)	New/Amended
N16A	Application for Injunction (General Form)	New/Amended
N119	Particulars of claim for possession (rented residential premises) including N119A Notes for Guidance	New/Amended
HCPF149	Application by Solicitor for Declaration that He has Ceased to Act	New/Amended
N11R	Defence form (rented residential premises)	New/Amended
N11B	Defence form (accelerated possession procedure)(assured shorthold tenancy)	New/Amended

Crown copyright forms are reproduced with the permission of the Controller of the Stationery Office. Law Society forms are reproduced with the permission of the Law Society. Legal Aid Forms are produced with the permission of the LSC.