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EFIS 42, August 2005 : Civil Procedure

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The Housing Act 2004 (Commencement No. 3) (England) Order 2005 came into force on 6th June.

This 2005 Order brought section 192 of the Housing Act 2004 into force on the same day.

Section 192 introduced a new power to make an order suspending the right to buy council property where a tenant has committed anti-social behaviour.

As a result of these amendments, the Court Service has amended the above-mentioned forms and notes (where relevant).

Although practitioners can use the old forms in cases which do not involve suspension of the right to buy council property, existing forms cannot be used after 1st October.

We therefore recommend that subscribers to the Civil Procedure range use the latest versions of these forms on receipt of this update.

Forms N206a, N324, N325, N337, N342, N445, N446 and N92 have had slight database amendments and are available for your immediate use.

Finally, please note that Welsh forms will no longer be maintained by Oyez. Therefore, please delete the following forms from your system(s) immediately: N5(W), N5B(W), N11B(W), N11R(W), N16A(W) and N119(W).

Forms affected

N5(W) Claim Form for Possession of Property Withdrawn
N5B(W) Claim form for possession of property Withdrawn
N11B(W) Defence form (accelerated possession procedure)(assured shorthold tenancy) Withdrawn
N11R(W) Defence form (rented residential premises) Withdrawn
N16A(W) General Form of Application for Injunction Withdrawn
N119(W) Particulars of claim for possession (rented residential premises) including N119A Notes for Guidance Withdrawn
N5 Claim Form for Possession of Property (and Notes N7, N7A, N7B) New/Amended
N122 Particulars of Claim for Demotion Order/Suspension of Right to Buy New/Amended
N11D Defence Form (demotion of tenancy) (suspension of right to buy New/Amended
N6 Claim Form for demotion of tenancy (including N7D (Notes) for Defendant)" New/Amended
N92 Application for an Administration Order New/Amended
N119 Particulars of Claim for Possession New/Amended
N324 Request for Warrant of Delivery New/Amended
N325 Request for Warrant for Possession of Land New/Amended
N337 Request for Attachment of Earnings Order New/Amended
N342 Request for Judgment Summons New/Amended
N445 Request for Reissue of Warrant New/Amended
N446 Request for Reissue of Enforcement or an order to obtain information form judgment debtor (not warrant) New/Amended
N11R Defence Form (rented residential premises) New/Amended
N206a Notice of issue (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.