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68.1 This Part deals with an application for possession of land where the

claimant alleges that the land is occupied solely by a person or persons who -

(a) are not tenants holding over after determination of the

tenancy; and

(b) who entered into or remained in occupation without the licence or consent of -

(i) the claimant; or

(ii) any of his predecessors in title.

Form of claim

68.2 (1) Proceedings must be brought by way of a fixed date claim.

(2) The claimant must name as defendants all persons in

occupation of the land so far as known to him.

(The procedure relating to fixed date claims is dealt with in rules 8.1(4) and 27.2)

Evidence in support

68.3 The claimant must file with the claim form evidence stating -

(a) his interest in the land;

(b) the circumstances in which the land has been occupied

without licence or consent;

(c) the circumstances in which his claim to possession arises;

(d) that he does not know the name of any person occupying the

land who is not named in the claim form; and

(e) full particulars of the efforts he has taken to identify any

person occupying the land who is not named in the claim

form.

Service of the claim form and evidence

68.4 The claimant just serve the a copy of the claim form and the

evidence in support of his claim ("the documents") -

(a) on every named defendant in accordance with Part 5; and

(b) where he has not identified every person in occupation of the

land by -

(i) affixing the documents to the main door or other conspicuous part of the premises; and

(ii) placing stakes in the ground in conspicuous parts of

the occupied land, to each of which must be affixed an

envelope addressed to "the occupiers" containing the documents,

unless the court directs service in some other way.

Application by occupier to be made a defendant

68.5 Any person -

(a) in occupation of the land; and

(b) who wishes to be heard on the question of whether an order

for possession should be made,

may apply at any stage to be joined as a defendant.

Date of first hearing

68.6 (1) The general rule is that the date of hearing may not be -

(a) in the case of residential property, less than 5 days; or

(b) in the case of other land less than 2 days

after the date of service of the claim form and evidence but must be as soon thereafter as practicable

(2) The court may however abridge time for service in cases of

urgency.

(3) An application to abridge time may be made without notice but

must be supported by evidence.

Powers of court at first hearing.

68.7 (1) At the first hearing the general rule is that the court must

give judgment unless there is a defendant attends and

satisfies the court that he has a defence with a realistic

prospect of success.

(2) Nothing in this Part prevents the court from ordering

possession to be given on a specified date

(3) If judgment is not given the court must give directions as if the hearing were a case management conference.

(Parts 25 to 27 deal with case management conferences.)