F1PART 55POSSESSION CLAIMS

Annotations:
Amendments (Textual)

I–GENERAL RULES

Scope55.2

1

The procedure set out in this Section of this Part must be used where the claim includes—

a

a possession claim brought by a—

i

landlord (or former landlord);

ii

mortgagee; or

iii

licensor (or former licensor);

b

a possession claim against trespassers; or

c

a claim by a tenant seeking relief from forfeiture.

F5(Where a demotion claim or a suspension claim (or both) is made in the same claim form in which a possession claim is started, this Section of this Part applies as modified by rule 65.12. Where the claim is a demotion claim or a suspension claim only, or a suspension claim made in addition to a demotion claim, Section III of Part 65 applies).

2

This Section of this Part

a

is subject to any enactment or practice direction which sets out special provisions with regard to any particular category of claim; F2...

b

does not apply where the claimant uses the procedure set out in Section II of this Part F3; and

c

does not apply where the claimant seeks an interim possession order under Section III of this Part except where the court orders otherwise or that Section so provides