[F1[F2Claims 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; [F3and]
F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)the court will give directions about the future management of the claim following receipt of the acknowledgment of service.
[F5(4) Where the claim is an opposed claim the claimant must use the Part 7 procedure.]
([F6Practice Direction 56] contains provisions about evidence, including expert evidence in opposed claims)]]
Textual Amendments
F1Pt. 56 inserted (15.10.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rule 1(d), Sch. 2 (with rule 31)
F2Rule 56.3 substituted (1.6.2004) by The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rules 1(a), 16 (with rule 20(1))
F3Word in rule 56.3(3)(a)(ii) inserted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 29(c)(i)
F4Rule 56.3(3)(b) omitted (1.10.2008) by virtue of The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 29(c)(ii)
F5Rule 56.3(4) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 29(c)(iii)
F6Words in rule 56.3 substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 31(b)