The Civil Procedure Rules 1998

[F1 Conditions E+W

55.12— [F2 (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(1);

(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(2) was given to the tenant in writing.

[F3 (2) If the tenancy is a demoted assured shorthold tenancy, only the conditions in paragraph (1)(b) and (f) need be satisfied.]]

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)

F2 Word in rule 55.12 inserted (30.6.2004) by The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rules 1(b), 14(a)

F3 Rule 55.12(2) inserted (30.6.2004) by The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rules 1(b), 14(b)

(1)

1982 c. 27.

(2)

1964 c. 81.