The County Court (Amendment) Rules 1988

Landlord and Tenant Acts 1985(1) and 1987(2)

18.  Order 43 shall be amended by adding after rule 16 the following new rules—

“Application under section 19 of the Act of 1987

17.   A copy of the notice served under section 19 (2) (a) of the Act of 1987 shall be appended to the originating application under section 19(1) thereof, and an additional copy of the notice shall be filed.

Application for order under section 24 of the Act of 1987

18.— (1) An application for an order under section 24 of the Act of 1987 shall state—

(a) the premises to which the application relates,

(b) the name and address of the applicant and of the landlord of the premises, or, where the landlord cannot be found or his identity ascertained, the steps taken to find him or ascertain his identity,

(c) the name and address of every person known to the applicant who is likely to be affected by the application, including, but not limited to, the other tenants of flats contained in the premises, any mortgagee or superior landlord of the landlord, and any tenants' association,

(d) the name, address and qualifications of the person it is desired to be appointed manager of the premises,

(e) the functions which it is desired that the manager should carry out, and

(f) the grounds of the application,

and a copy of the notice served on the landlord under section 22 of the Act of 1987 shall be appended to the originating application, unless the requirement to serve such a notice has been dispensed with, and an additional copy of the notice shall be filed.

(2) The respondent to an application for an order under section 24 of the Act of 1987 shall be the landlord of the premises.

(3) A copy of the application shall be served on—

(a) each of the persons named by the applicant under paragraph (1) (c), together with a notice stating that he may apply under rule 14 to be made a party to the proceedings, and

(b) the person named under paragraph (1) (d).

(4) Order 32, rules 2 and 3 shall apply to proceedings in which an application is made for an order under section 24 of the Act of 1987 as they apply to proceedings in which an application is made for the appointment of a receiver, and as if for the references in those rules to a receiver there were references to a manager under the Act of 1987.

Application for acquisition order under section 29 of the Act of 1987

19.— (1) An application for an acquisition order under section 29 of the Act of 1987 shall—

(a) identify the premises to which the application relates and give such details of them as are necessary to show that section 25 of the Act of 1987 applies thereto,

(b) give such details of the applicants as are necessary to show that they are constitute the requisite majority of qualifying tenants,

(c) state the name and address of the applicants and of the landlord of the premises, or, where the landlord cannot be found or his identity ascertained, the steps taken to find him or ascertain his identity,

(d) state the name and address of the person nominated by the applicants for the purposes of Part III of the Act of 1987,

(e) state the name and address of every person known to the applicants who is likely to be affected by the application, including, but not limited to, the other tenants of flats contained in the premises (whether or not they could have made an application), any mortgagee or superior landlord of the landlord, and any tenants' association, and

(f) state the grounds of the application,

and a copy of the notice served on the landlord under section 27 of the Act of 1987 shall be appended to the originating application unless the requirement to serve such a notice has been dispensed with, and an additional copy of the notice shall be filed.

(2) The respondents to an application for an acquisition order under section 29 of the Act of 1987 shall be the landlord of the premises and the nominated person, where he is not an applicant.

(3) A copy of the application shall be served on each of the persons named by the applicant under paragraph (1) (e), together with a notice stating that he may apply under rule 14 to be made a party to the proceedings.

(4) Where the nominated person pays money into court in accordance with an order under section 33 (1) of the Act of 1987, he shall file a copy of the certificate of the surveyor selected under section 33 (2) (a) thereof.

Application for order under section 38 or section 40 of the Act of 1987

20.— (1) An application for an order under section 38 or section 40 of the Act of 1987 shall state—

(a) the name and address of the applicant and of the other current parties to the lease or leases to which the application relates,

(b) the date of the lease or leases, the premises demised thereby, the relevant terms thereof and the variation sought,

(c) the name and address of every person who the applicant knows or has reason to believe is likely to be affected by the variation, including, but not limited to, the other tenants of flats contained in the premises of which the demised premises form a part, any previous parties to the lease, any mortgagee or superior landlord of the landlord, any mortgagee of the applicant, and any tenants'association, and

(d) the grounds of the application.

(2) The other current parties to the lease or leases shall be made respondents to the application.

(3) A copy of the application shall be served by the applicant on each of the persons named by the applicant under paragraph (1) (c) and by the respondent on any other person who he knows or has reason to believe is likely to be affected by the variation, together, in each case, with a notice stating that the person may apply under rule 14 to be made a party to the proceedings.

(4) Any application under section 36 of the Act of 1987 shall be contained in the respondent’s answer, and paragraphs (1) to (3) shall apply to such an application as if the respondent were an applicant.

Service of documents in proceedings under the Act of 1987

21.— (1) Where an originating application or answer is to be served in proceedings under the Act of 1987 it shall be served by the applicant or, as the case may be, by the respondent.

(2) Where a notice is to be served in or before proceedings under the Act of 1987, it shall be served in accordance with section 54 and, in the case of service on a landlord, it shall be served at the address furnished under section 48(1).

Tenants' associations

22.   In rules 18, 19 and 20 a reference to a tenants'association is a reference to a recognised tenants'association within the meaning of section 29 of the Act of 1985 which represents tenants of the flats of which the demised premises form a part.”.

(1)

1985 c. 70.

(2)

1987 c. 31.