The Civil Procedure Rules 1998

[F1 II–ACCELERATED POSSESSION CLAIMS OF PROPERTY LET ON AN ASSURED SHORTHOLD TENANCY E+W

Textual Amendments

F1 Pt. 55 inserted (15.10.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rule 1(d), Sch. 1 (with rule 31)

When this section may be used E+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 [F2 other than a demoted assured shorthold tenancy]; and

(b) F3 ... all the conditions listed in [F4 rule [F5 55.12]] are satisfied.

[F6 (2) The claim—

(a) may be brought in any County Court hearing centre; and

(b) will be issued by the hearing centre where it is brought.]

[F7 (3) In this Section of this Part, a “demoted assured shorthold tenancy” means a demoted tenancy where the landlord is a registered social landlord [F8 or a private registered provider of social housing].

• F9 ...]

Textual Amendments

F2 Words in rule 55.11(1)(a) inserted (6.4.2020) by The Civil Procedure (Amendment) Rules 2020 (S.I. 2020/82), rules 1(1), 8(1)(a)

F3 Words in rule 55.11(1)(b) omitted (6.4.2020) by virtue of The Civil Procedure (Amendment) Rules 2020 (S.I. 2020/82), rules 1(1), 8(1)(b)(i)

F4 Word in rule 55.11(1)(b) substituted (30.6.2004) by The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rules 1(b), 13(a)(ii)

F5 Word in rule 55.11(1)(b) substituted (6.4.2020) by The Civil Procedure (Amendment) Rules 2020 (S.I. 2020/82), rules 1(1), 8(1)(b)(ii)

F6 Rule 55.11(2) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 22(c); S.I. 2014/954, art. 2(a)

F7 Rule 55.11(3) inserted (30.6.2004) by The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rules 1(b), 13(b)

F8 Words in rule 55.11(3) inserted (1.4.2010) by The Civil Procedure (Amendment) Rules 2010 (S.I. 2010/621), rules 1(3), 10(b)

F9 Words in rule 55.11 omitted (6.4.2020) by virtue of The Civil Procedure (Amendment) Rules 2020 (S.I. 2020/82), rules 1(1), 8(1)(c)

Conditions E+W

[F10 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.]

Textual Amendments

F10 Rule 55.12 substituted (6.4.2020) by The Civil Procedure (Amendment) Rules 2020 (S.I. 2020/82), rules 1(1), 8(2)

Claim form E+W

55.13— (1) The claim form must—

(a) be in the form set out in [F11 Practice Direction 55A]; and

(b) (i) contain such information; and

(ii) be accompanied by such documents,

• as are required by that form.

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

(3) The court will serve the claim form by first class post [F12 (or an alternative service which provides for delivery on the next working day)].

Textual Amendments

F11 Words in rule 55.13(1)(a) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 30(b)

F12 Words in rule 55.13(3) inserted (6.4.2006) by The Civil Procedure (Amendment No.4) Rules 2005 (S.I. 2005/3515), rules 1, 13

Defence E+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,

• must file his defence within 14 days after service of the claim form.

(2) The defence should be in the form set out in [F13 Practice Direction 55A].

Textual Amendments

F13 Words in rule 55.14(2) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 30(b)

Claim referred to judge E+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,

• the claim will be stayed.

Consideration of the claim E+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 [F14 the judge] 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.

[F15 (1A) If—

(a) the judge directs that a date be fixed for hearing in accordance either with paragraph (2) or rule 55.18(1); and

(b) the claim has not been brought in the County Court hearing centre which serves the address where the land is situated,

the judge will direct that the proceedings should be transferred to that hearing centre.]

(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.

Textual Amendments

F14 Words in rule 55.16(1)(b) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 22(d)(i); S.I. 2014/954, art. 2(a)

F15 Rule 55.16(1A) inserted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 22(d)(ii); S.I. 2014/954, art. 2(a)

Possession order E+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 possession E+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(2), 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 vary E+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,

• set aside or vary any order made under rule 55.17.]

(1)

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

(2)

1968 c. 48; 1981 c. 9.