Textual Amendments
F1Pt. 55 inserted (15.10.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rule 1(d), Sch. 1 (with rule 31)
Textual Amendments
F2Pt. 55 Section 5 inserted (1.12.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(2), 22(2)
55.39. The definitions set out in rule 55.30 apply to this Section also.
55.40.—(1) The claimant may bring a Renting Homes possession claim under this Section of this Part where—
(a)the claim is brought under—
(i)section 170(1) of the 2016 Act to recover possession of a dwelling let under a periodic standard contract (following contract-holder’s notice);
(ii)section 178 of the 2016 Act to recover possession of a dwelling let under a periodic standard contract (landlord’s notice);
(iii)section 186 of the 2016 Act to recover possession of a dwelling let under a fixed term standard contract (landlord’s notice at end of fixed term);
(iv)section 191 of the 2016 Act to recover possession of a dwelling let under a fixed term standard contract (following contract-holder’s break clause); or
(v)section 199 of the 2016 Act to recover possession of a dwelling let on a fixed term standard contract (landlord’s break clause); and
(b)all the conditions listed in rule 55.41 are satisfied.
(2) The claimant may make the claim at any County Court hearing centre, unless an enactment provides otherwise.
(3) The claim is to be issued by the hearing centre where the claim is made.
(4) If the hearing centre where the claim is made does not serve the address where the dwelling is situated, the claim is to be sent, after issue, to the hearing centre serving that address.
55.41. The conditions referred to in rule 55.40(1)(b) are that—
(a)the only purpose of the claim is to recover possession of the dwelling and no other claim is made;
(b)the claim relates to an occupation contract which is a standard contract; and
(c)a prescribed notice in accordance with any of the following sections of the 2016 Act was given to the contract-holder—
(i)section 171 (if the claim is brought under section 170 of that Act);
(ii)section 173 (if the claim is brought under section 178 of that Act);
(iii)section 186 (if the claim is brought under that section);
(iv)section 192 (if the claim is brought under section 191 of that Act); or
(v)section 194 (if the claim is brought under section 199 of that Act).
55.42.—(1) The claim form must—
(a)be in the form specified in Practice Direction 55A; and
(b)contain all information and be accompanied by all documents as are required by that form.
(2) The court is to serve the claim form by first class post (or an alternative service which provides for delivery on the next working day).
55.43.—(1) A defendant who wishes to—
(a)oppose the claim; or
(b)seek a postponement of possession in accordance with rule 55.47,
must file a defence within 14 days after service of the claim form.
(2) The defence must be in the form specified in Practice Direction 55A.
55.44.—(1) On receipt of the defence the court must—
(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 55.43 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 must refer that request to a judge.
(3) Where the defence is received after the period set out in rule 55.43 has expired but before a request is filed in accordance with paragraph (2), paragraph (1) still applies.
(4) Where—
(a)the period set out in rule 55.43 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 55.43,
the claim must be stayed.
55.45.—(1) After considering the claim and any defence, the judge may—
(a)make an order for possession under rule 55.46 without requiring the attendance of the parties;
(b)strike out the claim if the claim form discloses no reasonable grounds for bringing the claim; or
(c)where paragraphs (2) or (3) apply—
(i)direct that a date be fixed for a hearing; and
(ii)give any appropriate case management directions.
(2) This paragraph applies where the judge is not satisfied either that the claim form was served or that the claimant has established that they are entitled to recover possession from the defendant.
(3) This paragraph applies where—
(a)an application under section 36 (incomplete written statement) or section 37 (incorrect statement: contract-holder’s application to the court) of the 2016 Act has been made (and not disposed of) in connection with the occupation contract of the dwelling in respect of which the possession claim has been brought;
(b)the claim is a claim under section 178 or section 199 of the 2016 Act, where the issue of retaliatory possession has been raised under section 217 of the 2016 Act;
(c)the claim is a claim under section 170, section 178, section 186, section 191 or section 199 of the 2016 Act, where a defence based on the defendant’s Convention rights is raised.
(5) The court is to give all parties not less than 14 days’ notice of a hearing fixed under paragraph (1)(c)(i).
(6) Where a claim is struck out under paragraph (1)(b)—
(a)the court is to 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 them.
55.46. Except where rules 55.45(1)(b) or (c) apply, the judge must make an order for possession without requiring the attendance of the parties.
55.47.—(1) Where the defendant seeks postponement of possession on the ground of exceptional hardship under section 219 of the 2016 Act, 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 must 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, the judge may vary the date on which possession must be given up.
55.48. 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 55.46.]]