Landlord and Tenant Act applications made under the 1927,1954,1985 and 1987 Acts and the rules contained in Schedule 1, RSC Order 97 and Schedule 2, CCR Order 43

- Which form do I use to issue my application?
- Where can I obtain the 'N' form quoted in Table 2?
- Will the 'N' form need amending under the Civil Procedure Rules?
- How can I obtain further help or information about the forms?

#### Which form do I use to issue my application?

The Part 8B Practice Direction contains two tables listing types of Landlord and Tenant application and which form to use in each one.

High Court cases

Table 1 (paragraph A3) provides that the Part 8 claim form (N208) must used for all Landlord and Tenant cases in the High Court.

Part 8 notes for guidance - High Court cases

In the High Court, the Part 8 claim form will be used. The procedure for each application will be the Part 8 procedure as modified by any special requirements under the relevant Schedule rule. Some special requirements in a schedule rule, (for example about the exchange of evidence), may mean that the Part 8 notes for guidance (Forms N208A and N208C) will be inappropriate for that particular claim. If there is a conflict between a requirement of the Schedule rule and a note for guidance, the Schedule rule must be complied with, and the guidance disregarded.

County court cases

Table 2 (paragraph B1) sets out the form to be used in county court cases. If there is an 'N' form listed at the side of the particular application, that form must be used. If there is no form listed, the Part 8 claim form (N208) must be used.

Part 8 notes for guidance - county court cases

If a Part 8 claim form is being used in a Landlord and Tenant application in the county court, the notes for guidance (Forms N208A and N208C) will be inappropriate for use in the procedure set out in the Part 8B practice direction. If you are served with the notes, you should disregard them in these applications.

#### Where can I obtain the 'N' form quoted in Table 2?

The Court Service has never produced Landlord and Tenant forms and the forms are therefore only available as precedent forms. The precedent forms can be found in the Forms Section [Part 4] of the 1998 County Court Practice. Landlord and Tenant applications will be considered in the next phase of the reforms and the forms will be redesigned for use in both the High Court and county court.

#### Will the 'N' form need amending under the Civil Procedure Rules?

Yes. The 'N' forms should also now contain a statement of truth. Some practitioners have interpreted this to mean that both the Part 8 claim form and the 'N' form must be filed. This is not the case. You need only attach a statement of truth to the appropriate 'N' form.

#### How can I obtain further help or information about the forms

Contact the Court Service's Civil Justice Reforms Helpline on 0171-210 1999 or e-mail the Court Service's Customer Service Unit. Back to top

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