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[F1PART 55E+WPOSSESSION CLAIMS

Textual Amendments

II–ACCELERATED POSSESSION CLAIMS OF PROPERTY LET ON AN ASSURED SHORTHOLD TENANCYE+W

When this section may be usedE+W

55.11—(1) The claimant may bring a possession claim under this Section of this Part where—

(a)the claim is brought under section 21 of the 1988 Act(1) to recover possession of residential property let under an assured shorthold tenancy; and

(b)[F2subject to rule 55.12(2),] all the conditions listed in [F3rule 55.12(1)] are satisfied.

(2) The claim must be started in the county court for the district in which the property is situated.

[F4(3) In this Section of this Part, a “demoted assured shorthold tenancy” means a demoted tenancy where the landlord is a registered social landlord.

Textual Amendments

ConditionsE+W

55.12— [F5(1)]  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 15 January 1989;

(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 or 20(1)(a) to (c) of the 1988 Act(2);

(e)the tenancy—

(i)was the subject of a written agreement;

(ii)arises by virtue of section 5 of the 1988 Act but follows a tenancy that was the subject of a written agreement; or

(iii)relates to the same or substantially the same property let to the same tenant and on the same terms (though not necessarily as to rent or duration) as a tenancy which was the subject of a written agreement; and

(f)a notice in accordance with sections 21(1) or 21(4) of the 1988 Act(3) was given to the tenant in writing.

[F6(2) If the tenancy is a demoted assured shorthold tenancy, only the conditions in paragraph (1)(b) and (f) need be satisfied.]

Textual Amendments

Claim formE+W

55.13—(1) The claim form must—

(a)be in the form set out in the relevant practice direction; and

(b)(i)contain such information; and

(ii)be accompanied by such documents,

(2) All relevant sections of the form must be completed.

(3) The court will serve the claim form by first class post [F7(or an alternative service which provides for delivery on the next working day)].

Textual Amendments

DefenceE+W

55.14—(1) A defendant who wishes to—

(a)oppose the claim; or

(b)seek a postponement of possession in accordance with rule 55.18,

(2) The defence should be in the form set out in the relevant practice direction.

Claim referred to judgeE+W

55.15—(1) On receipt of the defence the court will—

(a)send a copy to the claimant; and

(b)refer the claim and defence to a judge.

(2) Where the period set out in rule 55.14 has expired without the defendant filing a defence—

(a)the claimant may file a written request for an order for possession; and

(b)the court will refer that request to a judge.

(3) Where the defence is received after the period set out in rule 55.14 has expired but before a request is filed in accordance with paragraph (2), paragraph (1) will still apply.

(4) Where—

(a)the period set out in rule 55.14 has expired without the defendant filing a defence; and

(b)the claimant has not made a request for an order for possession under paragraph (2) within 3 months after the expiry of the period set out in rule 55.14,

Consideration of the claimE+W

55.16—(1) After considering the claim and any defence, the judge will—

(a)make an order for possession under rule 55.17;

(b)where he is not satisfied as to any of the matters set out in paragraph (2)—

(i)direct that a date be fixed for a hearing; and

(ii)give any appropriate case management directions; or

(c)strike out the claim if the claim form discloses no reasonable grounds for bringing the claim.

(2) The matters referred to in paragraph (1)(b) are that—

(a)the claim form was served; and

(b)the claimant has established that he is entitled to recover possession under section 21 of the 1988 Act against the defendant.

(3) The court will give all parties not less than 14 days' notice of a hearing fixed under paragraph (1)(b)(i).

(4) Where a claim is struck out under paragraph (1)(c)—

(a)the court will serve its reasons for striking out the claim with the order; and

(b)the claimant may apply to restore the claim within 28 days after the date the order was served on him.

Possession orderE+W

55.17  Except where rules 55.16(1)(b) or (c) apply, the judge will make an order for possession without requiring the attendance of the parties.

Postponement of possessionE+W

55.18—(1) Where the defendant seeks postponement of possession on the ground of exceptional hardship under section 89 of the Housing Act 1980(4), the judge may direct a hearing of that issue.

(2) Where the judge directs a hearing under paragraph (1)—

(a)the hearing must be held before the date on which possession is to be given up; and

(b)the judge will direct how many days' notice the parties must be given of that hearing.

(3) Where the judge is satisfied, on a hearing directed under paragraph (1), that exceptional hardship would be caused by requiring possession to be given up by the date in the order of possession, he may vary the date on which possession must be given up.

Application to set aside or varyE+W

55.19  The court may—

(a)on application by a party within 14 days of service of the order; or

(b)of its own initiative,

(1)

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