An application for an injunction under section Chapter III of Part V of the 1996 Act must be made by form N16A and for the purposes of applying the practice direction that supplements Part 8 to applications under Section I of Part 65, form N16A shall be treated as the Part 8 claim form.

In accordance with section 155(4) of the 1996 Act, a warrant of arrest on an application under section 155(3) of that Act shall not be issued unless –

(1)	the application is substantiated on oath; and

(2)	the judge has reasonable grounds for believing that the defendant has failed to comply with the injunction.

An application for bail by a person arrested under –

(1)	a power of arrest attached to an injunction under Chapter III of Part V of the 1996 Act; or

(2)	a warrant of arrest issued on an application under section 155(3) of that Act, may be made either orally or in an application notice.

An application notice seeking bail must contain –

(1)	the full name of the person making the application;

(2)	the address of the place where the person making the application is detained at the time when the application is made;

(3)	the address where the person making the application would reside if he were to be granted bail;

(4)	the amount of the recognizance in which he would agree to be bound; and

(5)	the grounds on which the application is made and, where previous application has been refused, full details of any change in circumstances which has occurred since that refusal.

A copy of the application notice must be served on the person who obtained the injunction.

Section 156(4) of the 1996 Act provides that the judge has power to make an order under section 35 of the Mental Health Act 1983^Acts in certain circumstances. If he does so attention is drawn to section 35(8) of that Act, which provides that a person remanded to hospital under that section may obtain at his own expense an independent report on his mental condition from a registered medical practitioner chosen by him and apply to the court on the basis of it for his remand to be terminated under section 35(7).

The following paragraphs of Section I of this practice direction apply in relation to an application for bail by a person arrested under a power of arrest attached to an injunction under section 27 of the 2006 Act –

(1)	paragraph 3.1(1), as if a reference to Chapter III of Part V of the Housing Act 1996Acts was a reference to section 27 of the 2006 Act;

(2)	paragraph 3.2; and

(3)	paragraph 3.3.

Paragraph 4.1 of Section I of this practice direction applies in relation to section 27 of the 2006 Act, as if a reference in paragraph 4.1 to section 156(4) of the Housing Act 1996^Acts was a reference to section 27(11) of the 2006 Act.

(Suspension claims may be made in England, but may not be made in Wales).

If the claim relates to residential property let on a tenancy and if the claim includes a demotion claim, the particulars of claim must –

(1)	state whether the demotion claim is a claim under section 82A(2) of the 1985 Act or under section 6A(2) of the 1988 Act;

(2)	state whether the claimant is a local housing authority, a housing action trust or a registered social landlord;

(3)	provide details of any statement of express terms of the tenancy served on the tenant under section 82A(7) of the 1985 Act or under section 6A(10) of the 1988 Act, as applicable; and

(4)	state details of the conduct alleged.

If the claim relates to a residential property let on a tenancy and if the claim includes a suspension claim, the particulars of claim must –

(1)	state that the suspension claim is a claim under section 121A of the 1985 Act;

(2)	state which of the bodies the claimant's interest belongs to in order to comply with the landlord condition under section 80 of the 1985 Act;

(3)	state details of the conduct alleged; and

(4)	explain why it is reasonable to make the suspension order, having regard in particular to the factors set out in section 121A(4) of the 1985 Act.

Demotion or suspension claims, other than those made in the alternative to possession claims, must be made in the county court for the district in which the property to which the claim relates is situated.

The claimant must use the appropriate claim form and particulars of claim form set out in Table 1 to the Part 4 practice direction. The defence must be in form N11D as appropriate.

The claimant’s evidence should include details of the conduct alleged, and any other matters relied upon.

In a demotion claim the particulars of claim must –

(1)	state whether the demotion claim in a claim under section 82A(2) of the 1985 Act or under section 6A(2) of the 1988 Act;

(2)	state whether the claimant is a local housing authority, a housing action trust or a registered social landlord;

(3)	identify the property to which the claim relates;

(4)

provide the following details about the tenancy to which the demotion claim relates – (a)   the parties to the tenancy; (b)   the period of the tenancy; (c)   the amount of the rent; (d)   the dates on which the rent is payable; and (e)   any statement of express terms of the tenancy served on the tenant under section 82A(7) of the 1985 Act or under section 6A(10) of the 1988 Act, as applicable; and

(5)	state details of the conduct alleged.

In a suspension claim, the particulars of claim must –

(1)	state that the suspension claim is a claim under section 121A of the 1985 Act;

(2)	state which of the bodies the claimant's interest belongs to in order to comply with the landlord condition under section 80 of the 1985 Act;

(3)	identify the property to which the claim relates;

(4)	state details of the conduct alleged; and

(5)	explain why it is reasonable to make the order, having regard in particular to the factors set out in section 121A(4) of the 1985 Act.

The court may use its powers under rules 3.1(2)(a) and (b) to shorten the time periods set out in rules 65.16(2), (3) and (4).

Particular consideration should be given to the exercise of this power if –

(1)	the defendant, or a person for whom the defendant is responsible, has assaulted or threatened to assault – (a)   the claimant; (b)   a member of the claimant’s staff; or (c)   another resident in the locality;

(2)	there are reasonable grounds for fearing such an assault; or

(3)	the defendant, or a person for whom the defendant is responsible, has caused serious damage or threatened to cause serious damage to the property or to the home or property of another resident in the locality.

Where paragraph 8.2 applies but the case cannot be determined at the first hearing fixed under rule 65.16, the court will consider what steps are needed to finally determine the case as quickly as reasonably practicable.

Attention is drawn to rule 65.18(3). Each party should wherever possible include all the evidence he wishes to present in his statement of case, verified by a statement of truth.

The claimant’s evidence should include details of the conduct to which section 153A or 153B of the 1996 Act applies and in respect of which the claim is made.

Proceedings against a tenant of a demoted tenancy for possession must be brought under the procedure in Part 55 (Possession Claims).

Proceedings as to whether a statement supplied in pursuance to section 143M(4)(b) of the 1996 Act (written statement of certain terms of tenancy) is accurate must be brought under the procedure in Part 8.

Attention is drawn to section 143N(4) of the 1996 Act which provides that if a person takes proceedings under Chapter 1A of the 1996 Act in the High Court which he could have taken in the county court, he is not entitled to recover any costs.

An order under section 1B(4) or an interim order under section 1D of the 1998 Act must be served personally on the defendant.

Except as provided in paragraph 13.3, an application by a relevant authority under section 1B(3B) of the 1998 Act to join a person to the principal proceedings may only be made against a person aged 18 or over.

In accordance with section 3(5) of the 1997 Act, a warrant of arrest on an application under section 3(3) of that Act may only be issued if –

(1)	the application is substantiated on oath; and

(2)	the judge has reasonable grounds for believing that the defendant has done anything which he is prohibited from doing by the injunction.

Where the applicant is a registered social landlord, the application must be supported by evidence that the relevant local authority has been consulted in accordance with section 26B(8) of the 2003 Act.