The Civil Procedure Rules 1998

[F1 [F2 IV RENTING HOMES WALES - GENERAL RULES E+W

Textual Amendments

F1 Pt. 55 inserted (15.10.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rule 1(d), Sch. 1 (with rule 31)

F2 Pt. 55 Section 4 inserted (1.12.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(2), 22(2)

Interpretation E+W

55.30.   In this Section of this Part—

(a) “the 2016 Act” means the Renting Homes (Wales) Act 2016;

(b) “a contract-holder” is the person who makes an occupation contract with a landlord and is a contract-holder under sections 7 and 48 of the 2016 Act;

(c) “Convention rights” has the meaning provided by the Human Rights Act 1998;

(d) “a dwelling” means a dwelling let under an occupation contract;

(e) “an extended possession order” means an order for possession against a sub-holder under section 65 of the 2016 Act;

(f) “an occupation contract” is a tenancy or licence that is an occupation contract under section 7 of the 2016 Act;

(g) “a prohibited conduct standard contract order claim” means a claim under section 116 of the 2016 Act;

(h) “a Renting Homes possession claim” means a claim for the recovery of possession of a dwelling under the 2016 Act;

(i) “a sub-holder” has the meaning provided by section 59(1) of the 2016 Act;

(j) “a standard contract” has the meaning provided by section 8 of the 2016 Act.

Scope E+W

55.31.— (1) The procedure set out in this Section of this Part must be used where the claim is a Renting Homes possession claim.

(Where a prohibited conduct standard contract order claim is made in the same claim form in which a Renting Homes possession claim is made, this Section of this Part applies. Where the claim is a prohibited conduct standard contract order claim only, Section III of Part 65 applies.)

(2) This Section of this Part—

(a) is subject to any enactment or practice direction which sets out special provisions with regard to any particular category of claim;

(b) does not apply where the claimant uses the procedure set out in Section V of this Part;

(c) applies irrespective of whether an application for an extended possession order may be made in the course of the Renting Homes possession claim.

Starting the claim E+W

55.32.— (1) In the County Court—

(a) the claimant may make the claim at any County Court hearing centre, unless paragraph (2) applies or an enactment provides otherwise;

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

(c) if that hearing centre does not serve the address where the dwelling is situated, the claim is to be sent, after issue, to the hearing centre serving that address.

(Practice Direction 55A includes further direction in respect of claims which are not made at the County Court hearing centre which serves the address where the dwelling is situated.)

(2) The claim may be started in the High Court if the claimant files with their claim form a certificate stating the reasons for bringing the claim in that court verified by a statement of truth F3 ....

(3) The claim form and form of defence sent with it must be in the forms specified in Practice Direction 55A.

Textual Amendments

F3 Words in rule 55.32(2) omitted (1.10.2023 immediately after S.I. 2023/572 comes into force) by virtue of The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 25(2)

Particulars of claim E+W

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

(Part 16 and Practice Direction 55A provide details about the contents of the particulars of claim.)

Hearing date E+W

55.34.— (1) Subject to paragraph (2), the court is to fix a date for the hearing when it issues the claim form.

(2) If the claim has been sent on to the hearing centre which serves the address where the dwelling is situated, that hearing centre is to fix a date for hearing when it receives the claim.

(3) In all Renting Homes possession claims—

(a) the hearing date is to be not less than 28 days from the date of issue of the claim form;

(b) the standard period between the issue of the claim form and the hearing is to be not more than 8 weeks; and

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

Defendant’s response and adding of sub-holder as a party E+W

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

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

(3) Part 12 (default judgment) does not apply in a claim to which this Section applies.

(4) Where a sub-holder applies to the court to be added as a party to proceedings, the court must add them as a defendant if they are entitled to be a party under section 65(4) of the 2016 Act.

The hearing E+W

55.36.— (1) At the hearing fixed in accordance with rule 55.34 or at any adjournment of that hearing, the court may—

(a) decide the claim; or

(b) give case management directions.

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

(3) Except where—

(a) the claim is allocated to the fast track [F4 , the intermediate track] or the multi-track; or

(b) the court orders 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.

(4) All witness statements must be filed and served at least 2 days before the hearing.

(5) Where the claimant serves the claim form and particulars of claim, the claimant must produce at the hearing a certificate of service of those documents and rule 6.17(2)(a) does not apply.

Textual Amendments

F4 Words in rule 55.36(3)(a) inserted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 19(3) (with rule 2)

Allocation E+W

55.37.— (1) When the court decides the track for a Renting Homes possession claim, the matters it must consider include—

(a) the matters set out in rule [F5 26.13] as modified by the relevant practice direction;

(b) the amount of any arrears of rent;

(c) the importance to the defendant of retaining possession of the dwelling;

(d) the importance of vacant possession to the claimant; and

(e) if applicable, the alleged conduct of the defendant.

(2) The court may only allocate Renting Homes possession claims to the small claims track if all the parties agree.

(3) Where a Renting Homes possession claim has been allocated to the small claims track the claim must be treated, for the purposes of costs, as if it were proceeding on the fast track except that trial costs are to be in the discretion of the court and must not exceed the amount that would be recoverable under [F6 Part 45] if the value of the claim were up to £3,000.

(4) Where all the parties agree the court may, when it allocates the claim, order that rule 27.14 (costs on the small claims track) applies and, where it does so, paragraph (3) does not apply.

Textual Amendments

F5 Word in rule 55.37(1)(a) substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 19(4)(a) (with rule 2)

F6 Words in rule 55.37(3) substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 19(4)(b) (with rule 2)

Electronic issue of certain Renting Homes possession claims E+W

55.38.— (1) A practice direction may make provision for a claimant to start certain types of Renting Homes possession claim in certain courts by requesting the issue of a claim form electronically.

(2) The practice direction may, in particular—

(a) provide that only particular provisions apply in specific courts;

(b) specify—

(i) the type of claim which may be issued electronically;

(ii) the conditions that a claim must meet before it may be issued electronically;

(c) specify the court where the claim may be issued;

(d) enable the parties to make certain applications or take further steps in relation to the claim electronically;

(e) specify the requirements that must be fulfilled in relation to such applications or steps;

(f) enable the parties to correspond electronically with the court about the claim;

(g) specify the requirements that must be fulfilled in relation to electronic correspondence;

(h) provide how any fee payable on the filing of any document is to be paid where the document is filed electronically.

(3) The practice direction may disapply or modify these Rules as appropriate in relation to claims started electronically.]]

(1)

1984 c. 28. Section 69 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 46.