The Civil Procedure Rules 1998

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

Rule 17—(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 and parties to 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 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 defendants 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 defendant 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 8 to be made a party to the proceedings.

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

(1)

1927 c. 36; section 1 was amended by the Landlord and Tenant Act 1954 (c. 56), section 47(5). Section 8 was amended by the 1954 Act, sections 45, 68(1) and schedule 7.

(2)

1954 c. 56.

(3)

1987 c. 31.