How do you amend a court claim?

Today we have a question to the talking shop blog from Karina Quinlan of Merthyr Tydfil housing Association, which is answered by John Murray.

Question:

Is there a specific court form for amendment of particulars of claim , to add ground 12 to ground 10? If so what is it called and where do you get it from?

Answer:

Karina, it depends what stage you’ve reached in the proceedings.

To amend the claim form to include a ground not previously included may also mean you need to ask the District Judge for permission to dispense with the need to serve Notice of Seeking Possession, as you may not have included Ground 12 when you went on rent arrears.

If you are applying “on notice” – perhaps because there is no reason for the case to be before the court at present, you should use the General Form of Notice, N244.

The issue very often arises of course when you have applied for a warrant for possession, because the tenant is not complying with a suspended Ground 10 order and you want to introduce allegations of nuisance. If that’s the case then you can introduce the matter orally at the suspension application, in accordance with the decision in Sheffield CC -v- Hopkins.

The important thing to remember is establishing the Defendant has been given lots of notice. So make sure you have copies of all the letters you sent warning about the tenancy breach when you arrive at Court.

The DJ is likely to make directions then for you to be able to introduce additional evidence.

Find out more about John and the Frontliner courses he offers >> here.

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"Talking shop blog"

How do you amend a court claim?

September 25, 2017

About John Murray

John is a specialist property solicitor and a Chair of the Residential Property Tribunal. He has worked in property law for over 20 years for clients in both the private and the social housing sector.