This practice direction supplements CPR Part 56

Contents of this Practice Direction

Title	Paragraph Number
Introduction	1.1
Starting the claim	2.1
Contents of the claim form in all cases	3.1
Particular Renting Homes (Wales) claims	4.1

Introduction

1.1 In addition to any relevant definitions in Part 56, particularly those in rule 56.5, which all apply to this practice direction in any event, terms defined in the 2016 Act have the same meaning in this practice direction.

1.2 This practice direction makes provision for the bringing of Renting Homes (Wales) claims.  Where a claim for possession, the making of a prohibited conduct standard contract order, or a claim for damages for disrepair is made at the commencement of proceedings Section III of Part 56 does not apply and the procedure for those particular claims should be followed.

Starting the claim

2.1(1)  “Permission to make an out of time application” means an application for permission to make an application out of time under the following provisions of the 2016 Act –

(a)section 14(4);

(b)paragraph 16(4) of Schedule 2;

(c)paragraph 5(4) of Schedule 4; or

(d)paragraph 6(4) of Schedule 7.

(2)  Where permission to make an out of time application is sought before the substantive application is made, it should be sought by written request.

(3)  Where permission to make an out of time application is sought at the same time as the substantive application is made it should be sought as part of substantive claim using the procedure appropriate for that claim.

2.2 Renting Homes (Wales) claims should normally be brought in the county court.  Only exceptional circumstances justify starting a claim in the High Court even if the High Court has jurisdiction.

2.3 If a claimant starts a claim in the High Court and the court decides that it should have been started in the County Court, the court will normally either strike the claim out or transfer it to the County Court on its own initiative. This is likely to result in delay and the court will normally disallow the costs of starting the claim in the High Court and of any transfer.

2.4 Circumstances which may, in an appropriate case, justify starting a claim in the High Court are if –

(a)  there are complicated disputes of fact; or

(b)  there are points of law of general importance.

2.5 The value of the property and the amount of any financial claim may be relevant circumstances, but these factors alone will not normally justify starting the claim in the High Court.

2.6 A Renting Homes (Wales) claim started in the High Court must be brought in the Chancery Division.

Contents of the claim form in all cases

3.1 The claim form must contain details of –

(a )the dwelling to which the claim relates;

(b) the particulars of the current occupation contract (including date, parties and duration) insofar as the claimant is able to confirm the same;

(c) any notice relevant to the claim;

(d) the provisions of the 2016 Act under which the claim is brought.

Particular Renting Homes (Wales) claims

Application under section 14(2) of the 2016 Act (review of the landlord's decision to give notice of standard contract)

4.1 The evidence in support of the Renting Homes (Wales) claim must include a copy of the notice given by the landlord under section 13 of the 2016 Act.

Applications under sections 34, 36 and 37 of the 2016 Act (application for declaration about an occupation contract: missing, incomplete or incorrect contract terms)

4.2 The claim form or evidence in support of the Renting Homes (Wales) claim must give details of any fundamental or supplementary provision which the claimant claims was not incorporated into the occupation contract or was incorporated with modification and identify such modifications.

Application under section 44 of the 2016 Act (application for order to return security)

4.3 The claim form must give details of the security that has been given and the person who appears to be holding the property constituting that security.

Application under section 66 of the 2016 Act (application by sub-holder to end contract-holder’s occupation contract)

4.4 The claim form must give details of the landlord and the evidence in support of the Renting Homes (Wales) claim must include a copy of the notice given under section 66(3) of the 2016 Act and proof that such notice was given to both the contract-holder and to the contract-holder’s landlord.

Appeal under section 78 of the 2016 Act (appeal as to who is to succeed to an occupation contract)

4.5 The claim form must give details of all relevant successors and any reasons given by the landlord for the selection made by the landlord.

Application under section 85 of the 2016 Act (application for declaration or order about a landlord’s refusal, or conditions of, giving consent)

4.6 The claim form must give details of the request for consent and the evidence in support of the Renting Homes (Wales) claim must include the landlord’s written statement giving reasons for refusing consent or consenting subject to conditions.

Application under section 87 of the 2016 Act (compensation for failure relating to provision of written statements)

4.7 Where a Renting Homes (Wales) claim is made for compensation under section 87 of the 2016 Act whether on its own or in combination with other claims under the 2016 Act the proceedings should normally be commenced under Part 7.  The claim form must provide details of the rent payable under the occupation contract and the amount of compensation claimed.

Application under section 140 of the 2016 Act (application for order requiring a joint contract-holder to join a transfer)

4.8 The evidence in support of such a Renting Homes (Wales) claim must include a copy of the occupation contract or give full details of the terms relied upon and the reasons why a copy of the contract cannot be provided.

Claim under section 208 of the 2016 Act (claim for misrepresentation or concealment of facts used to obtain order for possession)

4.9 If the Renting Homes (Wales) claim for compensation is not made in the original proceedings the claim should normally be commenced under Part 7.

Application under sections 222, 226 and 228 of the 2016 Act (remedies against the landlord: order or declaration of the court)

4.10 The claim form must give details of the grounds on which the claimant relies and the evidence in support of the Renting Homes (Wales) claim must include copies of any notices given to the contract-holder under sections 220, 225 or 227 of the 2016 Act.

Application under paragraph 16 of Schedule 2 of the 2016 Act (review of decision to extend the period of a licence or tenancy that is not an occupation contract)

4.11 The evidence in support of the Renting Homes (Wales) claim for a review must include a copy of the landlord’s notice of extension.

Application under paragraph 5 of Schedule 4 of the 2016 Act (review of decision to confirm extension of introductory period)

4.12 The evidence in support of the Renting Homes (Wales) claim for a review must include copies of the landlord’s notice of extension of the introductory period and the landlord’s notice after review confirming their decision to give a notice of extension of the introductory period.

Application under paragraphs 2 or 3 of Schedule 5 of the 2016 Act (applications in relation to deposit schemes)

4.13 The Renting Homes (Wales) claim should normally be commenced under Part 7 and the particulars of claim must confirm –

(a)t he amount of the deposit paid; and

(b)  the ground or grounds on which the application is made.

Application under paragraph 6 of Schedule 7 of the 2016 Act (review of decision to extend probation period)

4.14 The evidence in support of the Renting Homes (Wales) claim for a review must include copies of the landlord’s notice of extension of the probation period and the landlord’s notice after review confirming their decision to give a notice of extension of the probation period.

Application under paragraph 7 of Schedule 7 of the 2016 Act (application for order to end a probation period early)

4.15 The claim form must identify the ground or grounds on which the Renting Homes (Wales) claim is made. The evidence in support of such application must include a copy of the order made under section 116 of the 2016 Act imposing the periodic standard contract and confirm that the landlord had not made an appropriate programme of social support available to the contract-holder and that it is unlikely that such support will be made available if paragraph 7(3)(b) of Schedule 7 of the 2016 Act is relied upon.