The Civil Procedure Rules 1998

[F1 PART 56 E+W LANDLORD AND TENANT CLAIMS AND MISCELLANEOUS PROVISIONS ABOUT LAND

Textual Amendments

F1 Pt. 56 inserted (15.10.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rule 1(d), Sch. 2 (with rule 31)

Contents of this part
I–LANDLORD AND TENANTS CLAIMS
Scope and interpretation	Rule 56.1
Starting the claim	Rule 56.2
Claims under section 24 of the Landlord and Tenant Act 1954	Rule 56.3
II–MISCELLANEOUS PROVISIONS ABOUT LAND
Scope	Rule 56.4

I–LANDLORD AND TENANT CLAIMS E+W

Scope and interpretation E+W

56.1— (1) In this Section of this Part “landlord and tenant claim” means a claim under—

(a) the Landlord and Tenant Act 1927(1);

(b) the Leasehold Property (Repairs) Act 1938(2);

(c) the Landlord and Tenant Act 1954(3);

(d) the Landlord and Tenant Act 1985(4); or

(e) the Landlord and Tenant Act 1987(5).

(2) A practice direction may set out special provisions with regard to any particular category of landlord and tenant claim.

Starting the claim E+W

56.2— (1) The claim must be started in the county court for the district in which the land is situated unless paragraphs (2) or (4) apply or an enactment provides otherwise.

(2) The claim may be started in the High Court if the claimant files with his claim form a certificate stating the reasons for bringing the claim in that court verified by a statement of truth in accordance with rule 22.1(1).

(3) The practice direction refers to circumstances which may justify starting the claim in the High Court.

(4) A joint claim by a landlord and tenant to authorise an agreement under section 38(4) of the Landlord and Tenant Act 1954 may be started in the High Court or any county court.

Claims under section 24 of the Landlord and Tenant Act 1954 E+W

56.3— (1) This rule applies to a claim for a new tenancy under section 24 of the Landlord and Tenant Act 1954(6).

(2) The claimant must use the Part 8 procedure but the following rules do not apply—

(a) rule 8.3(1);

(b) rule 8.5; and

(c) rule 8.6(1).

(3) The claim form must be served within 2 months after the date of issue and rules 7.5 and 7.6 are modified accordingly.

(4) Within 14 days after service of the claim form the defendant must file and serve—

(a) a notice that he wishes the claim to be stayed^(GL) for 3 months in order to facilitate negotiation of a new tenancy; or

(b) where he intends to contest the claim, his acknowledgment of service.

(5) Where the defendant files and serves a notice in accordance with paragraph (4)(a), the claim will be stayed for 3 months.

(6) Any party may file and serve a notice requesting the stay to be lifted.

(7) Where a party files a notice in accordance with paragraph (6) the court—

(a) will lift the stay; and

(b) may give directions about the future management of the claim.

(8) Unless the court otherwise orders where—

(a) the stay expires; and

(b) the defendant intends to contest the claim,

• he must file and serve his acknowledgment of service within 14 days after the day on which the stay expires.

(9) Unless the court otherwise orders where—

(a) the stay is lifted; and

(b) the defendant intends to contest the claim,

• he must file and serve his acknowledgment of service within 14 days after he is served with notification that the stay has been lifted.

(10) The claimant must file and serve any written evidence on which he intends to rely within 14 days of service on him of the acknowledgment of service.

(11) The defendant must file and serve any written evidence on which he intends to rely within 14 days of service on him of the claimant’s evidence.

(12) The court will give directions about the future management of the claim—

(a) when it receives the written evidence of the defendant; or

(b) where the defendant fails to file any written evidence within the period set out in paragraph (11), after that period has expired.

(13) No written evidence may be relied on at the hearing of the claim unless—

(a) it has been served in accordance with paragraphs (10) or (11) (as the case may be); or

(b) the court gives permission.

II–MISCELLANEOUS PROVISIONS ABOUT LAND E+W

Scope E+W

56.4   A practice direction may set out special provisions with regard to claims under the following enactments—

(a) the Chancel Repairs Act 1932(7);

(b) the Leasehold Reform Act 1967(8);

(c) the Access to Neighbouring Land Act 1992; and

(d) the Leasehold Reform, Housing and Urban Development Act 1993.]

(1)

1978 c. 33.

(2)

1981 c. 54. Section 35A was inserted by the Administration of Justice Act 1982 (c. 53), section 15(1), Schedule 1, Part I.

(3)

1984 c. 28. Section 69 was amended by the Courts and Legal Services Act 1990 (c. 41), section 125(3), Schedule 18, paragraph 46.

(4)

1997 c. 27.

(5)

1980 c. 58.

(6)

1984 c. 16.

(7)

1995 c. 21.

(8)

1980 c. 58.