[F1PART 56E+WLANDLORD AND TENANT CLAIMS AND MISCELLANEOUS PROVISIONS ABOUT LAND

Textual Amendments

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

I–LANDLORD AND TENANT CLAIMSE+W

Scope and interpretationE+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 claimE+W

56.2(1) The claim must be started in the county court for the district in which the land is situated unless [F2paragraph (2) applies] 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.

F3(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F4Claims for a new tenancy under section 24 and for the termination of a tenancy under section 29(2) of the Landlord and Tenant Act 1954E+W

56.3(1) This rule applies to a claim for a new tenancy under section 24 and to a claim for the termination of a tenancy under section 29(2) of the 1954 Act.

(2) In this rule—

(a)“the 1954 Act” means the Landlord and Tenant Act 1954;

(b)“an unopposed claim” means a claim for a new tenancy under section 24 of the 1954 Act in circumstances where the grant of a new tenancy is not opposed;

(c)“an opposed claim” means a claim for—

(i)a new tenancy under section 24 of the 1954 Act in circumstances where the grant of a new tenancy is opposed; or

(ii)the termination of a tenancy under section 29(2) of the 1954 Act.

(3) Where the claim is an unopposed claim—

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

(i)rule 8.5; and

(ii)rule 8.6;

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

(c)the court will give directions about the future management of the claim following receipt of the acknowledgment of service.

(4) Where the claim is an opposed claim—

(a)the claimant must use the Part 7 procedure; but

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

(The practice direction to this Part contains provisions about evidence, including expert evidence in opposed claims)]

II–MISCELLANEOUS PROVISIONS ABOUT LANDE+W

ScopeE+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(6);

(b)the Leasehold Reform Act 1967(7);

(c)the Access to Neighbouring Land Act 1992; F5...

(d)the Leasehold Reform, Housing and Urban Development Act 1993 [F6; and

(e)the Commonhold and Leasehold Reform Act 2002]]

(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.