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See also Schedule 2
| HOUSING ACT 1996: INJUNCTION
| THIS PRACTICE DIRECTION SUPPLEMENTS CCR ORDER 49, RULE 6B.
Application for warrant of arrest
1.1 | An applicant for a warrant of arrest under section 155(3) of the Housing Act 1996 ( ‘ the Act ’ ) must -
(1) | file an affidavit setting out grounds for the application with the application notice; or
(2) | give oral evidence as to the grounds for the application at the hearing.
(Section 155(4) of the Act provides that an application for a warrant of arrest under section 155(3) must be substantiated on oath.)
Application for bail
2.1 | An application for bail made by a person arrested under -
(1) | a power of arrest attached to an injunction under Chapter III of Part V of the Housing Act 1996; or
(2) | a warrant of arrest issued on an application under section 155(3) of that Act,
may be either orally or in an application notice.
2.2 | 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.
2.3 | A copy of the application notice must be served on the person who sought the injunction.
Remand for medical examination and report
3.1 | Section 156(4) of the Act provides that the judge has power to make an order under section 35 of the Mental Health Act 1983 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).
[PRACTICE DIRECTION - ACCELERATED POSSESSION PROCEEDINGS][This practice direction supplements CCR ORDER 49, RULE 6A.][1.][Where the judge is satisfied as to the matters set out in rule 6A(16), he will make an order for possession in accordance with rule 6A(17), whether or not the defendant seeks a postponement of possession on the ground of exceptional hardship under section 89 of the Housing Act 1980.][2.][In a case in which the judge is satisfied that the defendant has shown exceptional hardship, he will only postpone possession without directing a hearing under rule 6A(17A) where–][1][he considers that possession should be given up 6 weeks after the date of the order; and][2][the claimant indicated on his claim form that he would be content for the court to make such an order without a hearing.][3.][In all other cases where the defendant seeks a postponement of possession under section 89 of the Housing Act 1980, the judge will direct a hearing under rule 6A(17A).][4.][If, at that hearing, the judge is satisfied that exceptional hardship would be caused by requiring possession to be given up by the date in the order of possession, he may vary that order under rule 6A(17C) so that possession is to be given up at a later date. That later date may be no later than 6 weeks after the making of the order for possession on the papers (see section 89 of the Housing Act 1980).]

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