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)
55.10—(1) This rule applies where a mortgagee seeks possession of land which consists of or includes residential property.
[F2(2) Within 5 days of receiving notification of the date of the hearing by the court, the claimant must send a notice to—
(a)the property, addressed to “the tenant or the occupier”; F3...
(b)the housing department of the local authority within which the property is located [F4; and]
[F5(c)any registered proprietor (other than the claimant) of a registered charge over the property.]]
(3) The notice referred to in [F6paragraph (2)(a)] must—
(a)state that a possession claim for the property has started;
(b)show the name and address of the claimant, the defendant and the court which issued the claim form; and
(c)give details of the hearing.
[F7(3A) The notice referred to in paragraph 2(b) must contain the information in paragraph (3) and must state the full address of the property.]
(4) The claimant must produce at the hearing—
(a)a copy of the [F8notices]; and
(b)evidence that [F9they have been sent].
[F10(4A) An unauthorised tenant of residential property may apply to the court for the order for possession to be suspended.]]
Textual Amendments
F2Rule 55.10(2) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 11(a)
F3Word in rule 55.10(2)(a) omitted (30.4.2010) by virtue of The Civil Procedure (Amendment) Rules 2010 (S.I. 2010/621), rules 1(2), 10(a)(i)
F4Word in rule 55.10(2)(b) substituted (30.4.2010) by The Civil Procedure (Amendment) Rules 2010 (S.I. 2010/621), rules 1(2), 10(a)(ii)
F5Rule 55.10(2)(c) inserted (30.4.2010) by The Civil Procedure (Amendment) Rules 2010 (S.I. 2010/621), rules 1(2), 10(a)(iii)
F6Words in rule 55.10(3) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 11(b)
F7Rule 55.10(3A) inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 11(c)
F8Words in rule 55.10(4)(a) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 11(d)(i)
F9Word in rule 55.10(4)(b) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 11(d)(ii)
F10Rule 55.10(4A) inserted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 7