[F1PART 56E+WLANDLORD AND TENANT CLAIMS AND MISCELLANEOUS PROVISIONS ABOUT LAND [F2AND CLAIMS UNDER THE RENTING HOMES (WALES) ACT 2016]

Textual Amendments

I–LANDLORD AND TENANT CLAIMSE+W

[F3Claims 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; [F4and]

F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F6(4) Where the claim is an opposed claim the claimant must use the Part 7 procedure.]

([F7Practice Direction 56] contains provisions about evidence, including expert evidence in opposed claims)]]

Textual Amendments