The Civil Procedure (Amendment) Rules 2020

Amendment of Part 55

8.—(1) In rule 55.11—

(a) in paragraph (1)(a), after “tenancy” insert “other than a demoted assured shorthold tenancy”;

(b) in paragraph (1)(b)—

(i) omit “subject to rule 55.12(2)”; and

(ii) for “55.12(1)” substitute “55.12”; and

(c) omit the words in parentheses at the end of the rule.

(2) For rule 55.12, substitute—

“55.12.    The conditions referred to in rule 55.11(1)(b) are that—

(a) the tenancy and any agreement for the tenancy were entered into on or after 28 February 1997;

(b) the only purpose of the claim is to recover possession of the property and no other claim is made;

(c) the tenancy did not immediately follow an assured tenancy which was not an assured shorthold tenancy;

(d) the tenancy fulfilled the conditions provided by section 19A of the 1988 Act;

(e) all the tenancies under which the defendant has occupied the property—

(i) were the subject of written agreements; or

(ii) arose by virtue of section 5 of the 1988 Act.”.