The Civil Procedure Rules 1998

Housing Act 1988: assured shorthold tenancies E+W

Rule 6A—(1) In this rule, “the 1988 Act” means the Housing Act 1988 and “ dwelling-house” has the same meaning as in Part I of the 1988 Act.

(2) This rule applies to proceedings brought by a landlord under section 21 of the 1988 Act(1) to recover possession of a dwelling-house let on an assured shorthold tenancy on the expiry or termination of that tenancy in a case where all the conditions mentioned in paragraph (3) below (or, as the case may be, paragraph (9)) are satisfied.

(3) The conditions referred to in paragraph (2) are these—

(a) The tenancy and any agreement for the tenancy were entered into on or after 15th January 1989.

(b) The only purpose of the proceedings is to recover possession of the dwelling-house and no other claim is made in the proceedings (such as for arrears of rent).

(c) The tenancy—

(i) was an assured shorthold tenancy and not a protected, statutory or housing association tenancy under the Rent Act 1977(2);

(ii) did not immediately follow an assured tenancy which was not an assured shorthold tenancy;

(iii) fulfilled the conditions provided by section 19A or section 20(1)(a) to (c) of the 1988 Act(3), and

(iv) was the subject of a written agreement.

(d) Where the tenancy and any agreement for the tenancy were entered into before 28th February 1997, a notice in writing was served on the tenant in accordance with section 20 (2) of the 1988 Act and the proceedings are brought against the tenant on whom that notice was served.

(e) A notice in accordance with section 21 (1)(b) of the 1988 Act was given to the tenant in writing.

(4) Where the conditions mentioned in paragraph (3) or paragraph (9) of this rule are satisfied, the landlord may bring possession proceedings under this rule instead of making a claim in accordance with Order 6, rule 3 (claim for recovery of land by claim form).

(5) The application must be made in the prescribed form and a copy of the application, with a copy for each defendant, shall be filed in the court for the district in which the dwelling-house is situated.

(6) The application shall include the following information and statements—

(a) A statement identifying the dwelling-house which is the subject matter of the proceedings.

(b) A statement that the dwelling-house (or another dwelling-house) was not let to the tenant by the landlord (or any of his predecessors) before 15th January 1989.

(c) A statement that possession is claimed on the expiry of an assured shorthold tenancy under section 21 of the 1988 Act giving sufficient particulars to substantiate the claimant’s claim to be entitled to possession.

(d) Where the tenancy and any agreement for the tenancy were entered into before 28th February 1997, a statement that a written notice was served on the tenant in accordance with section 20 (2) of the 1988 Act.

(e) A statement that a notice in writing was given to the tenant in accordance with section 21 (1) of the 1988 Act specifying the date on which, and the method by which, the notice was given.

(f) In a case where the original fixed term tenancy has expired, a statement that no other assured tenancy is in existence other than an assured shorthold periodic tenancy (whether statutory or not).

(g) A statement confirming that there is no power under the tenancy agreement for the landlord to determine the tenancy (within the meaning given for the purposes of Part I of the 1988 Act by section 45 (4) of the 1988 Act) at a time earlier than six months from the beginning of the tenancy.

(h) A statement that no notice under section 20 (5) of the 1988 Act has been served.

(7) Copies of the following documents shall be attached to the application

[F1 (i) the first written tenancy agreement and the current (or most recent) written tenancy agreement;]

(ii) where the tenancy and any agreement for the tenancy were entered into before 28th February 1997 the written notice served in accordance with section 20 (2) of the 1988 Act, and

(iii) the notice in writing given in accordance with section 21 of the 1988 Act,

together with any other documents necessary to prove the claim.

(8) The statements made in the application and any documents attached to the application shall be verified by the claimant on oath.

(9) Where on the coming to an end of an assured shorthold tenancy (including a tenancy which was an assured shorthold but ceased to be assured before it came to an end) a new assured shorthold tenancy of the same or substantially the same premises (in this paragraph referred to as “the premises”) comes into being under which the landlord and the tenant are the same as at the coming to an end of the earlier tenancy, then the provisions of this rule apply to that tenancy but with the following conditions instead of those in paragraph (3)—

(a) The tenancy and any agreement for the tenancy were entered into on or after 15th January 1989.

(b) The only purpose of the proceedings is to recover possession of the dwelling-house and no other claim is made in the proceedings (such as for arrears of rent).

(c) The tenancy in relation to which the proceedings are brought—

(i) is an assured shorthold tenancy within the meaning of section 20 of the 1988 Act and consequently is not a protected, statutory or housing association tenancy under the Rent Act 1977;

(ii) did not immediately follow an assured tenancy which was not an assured shorthold tenancy, and

(aa) is the subject of a written agreement, or

(ab) is on the same terms (though not necessarily as to rent) as a tenancy which was the subject of a written agreement and arises by virtue of section 5 of the 1988 Act, or

(ac) relates to the same or substantially the same premises which were let to the same tenant and is on the same terms (though not necessarily as to rent or duration) as a tenancy which was the subject of a written agreement.

Where the tenancy in relation to which the proceedings are brought arises by virtue of section 5 of the 1988 Act but follows a tenancy which was the subject of an oral agreement, the conditions mentioned in sub-paragraph (c)(ii)(ab) or (ac) above is not satisfied.

(d) Where the agreement and any agreement for the tenancy were entered into before 28th February 1997, a written notice was served in accordance with section 20 (2) of the 1988 Act on the tenant in relation to the first assured shorthold tenancy of the premises and the proceedings are brought against the tenant on whom that notice was served.

(e) A notice in writing was given to the tenant in accordance with section 21 (4) of the 1988 Act.

(10) In a case to which paragraph (9) applies, the application shall include the following information and statements.

(a) A statement identifying the dwelling-house which is the subject matter of the proceedings.

(b) A statement identifying the nature of the tenancy, namely—

(i) whether it is the subject of a written agreement;

(ii) whether the tenancy arises by virtue of section 5 of the 1988 Act, or

(iii) where it is the subject of an oral agreement, that the tenancy is periodic or for a fixed term, and if for a fixed term, the length of the term and the date of termination.

(c) A statement that the dwelling-house (or another dwelling-house) was not let to the tenant by the landlord (or any of his predecessors) before 15th January 1989.

(d) A statement that possession is claimed under section 21 of the 1988 Act giving sufficient particulars to substantiate the claimant’s claim to be entitled to possession.

(e) Where the tenancy and any agreement for the tenancy were entered into before 28th February 1997, a statement that a written notice was served in accordance with section 20 (2) of the 1988 Act in relation to the first assured shorthold tenancy of the premises on the tenant against whom the proceedings are brought.

(f) A statement that a notice in writing was given to the tenant in accordance with section 21 (4) of the 1988 Act specifying the date on which, and the method by which, the notice was given.

(g) In a case where the tenancy is a fixed term tenancy which has expired, a statement that no other assured tenancy is in existence other than an assured shorthold periodic tenancy (whether statutory or not).

(h) A statement confirming that there was no power under the tenancy agreement for the landlord to determine (within the meaning given for the purposes of Part I of the 1988 Act by section 45 (4) of the 1988 Act) the first assured shorthold tenancy of the premises to the tenant against whom the proceedings are brought at a time earlier than six months from the beginning of the tenancy.

(i) A statement that no notice under section 20 (5) of the 1988 Act has been served.

(j) The amount of rent which is currently payable.

(11) Service of the application and of the attachments shall be effected by an officer of the court sending them by first-class post to the defendant at the address stated in the application and [F2 paragraphs [F3 (3C) and (3D) of Order 25, rule 3]] and Order 7, rule 15 (service of claim form for recovery of land) shall apply as they apply where service is effected under those rules.

(12) A defendant who wishes to oppose the claimant’s application must, within 14 days after the service of the application on him, complete and deliver at the court office the form of reply which was attached to the application.

(13) On receipt of the defendant’s reply the court shall—

(a) send a copy of it to the claimant;

(b) refer the reply and the claimant’s application to the judge and where a reply is received after the period mentioned in paragraph (12) but before a request is filed in accordance with paragraph (14) the reply shall be referred without delay to the judge.

(14) Where the period mentioned in paragraph (12) has expired without the defendant filing a reply, the claimant may file a written request for an order for possession and the court shall without delay refer any such request to the judge.

(15) After considering the application and the defendant’s reply (if any), the judge shall either—

(a) make an order for possession under paragraph (17); or

(b) fix a day for a hearing under paragraph (16) and give directions regarding the steps to be taken before and at the hearing.

(16) The court shall fix a day for the hearing of the application where the judge is not satisfied as to any of the following—

(a) where the tenancy and any agreement for the tenancy were entered into before 28th February 1997 that a written notice was served in accordance with section 20 of the 1988 Act,

(b) that a written notice was given in accordance with section 21 of the 1988 Act,

(c) that service of the application was duly effected, or

(d) that the claimant has established that he is entitled to recover possession under section 21 of the 1988 Act against the defendant.

(17) Except where paragraph (16) applies, the judge shall without delay make an order for possession without requiring the attendance of the parties.

[F4 (17A) Where the defendant seeks postponement of possession on the ground of exceptional hardship under section 89 of the Housing Act 1980, the judge may direct a hearing of that issue.

(17B) Where the judge directs a hearing under paragraph (17A) it must be held before the date on which possession is to be given up.

(17C) Where the judge is satisfied, on a hearing directed under paragraph (17A), that exceptional hardship would be caused by requiring possession to be given up by the date in the order of possession, he may vary the date on which possession must be given up.]

(18) Where a hearing is fixed under paragraph (16)—

(a) the court shall give to all parties not less than 14 days' notice of the day so fixed;

(b) the judge may give such directions regarding the steps to be taken before and at the hearing as may appear to him to be necessary or desirable.

(19) The court may, on application made on notice in accordance with CPR Part 23 within 14 days of service of the order or of its own initiative, set aside, vary or confirm any order made under paragraph (17).

(20) A district judge shall have power to hear and determine an application to which this rule applies and references in this rule to the judge shall include references to the district judge.

Textual Amendments

F1 Sch. 2 CCR Order 49 rule 6A(7)(i) substituted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 73(c)(i)

F2 Words in Sch. 2 CCR Order 49 rule 6A(11) substituted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 73(c)(ii)

F3 Words in Sch. 2 CCR Order 49 rule 6A(11) substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 38

F4 Sch. 2 CCR Order 49 rule 6A(17A)-(17C) inserted (2.10.2000) by The Civil Procedure (Amendment No. 4) Rules 2000 (S.I. 2000/2092), rules 1, 28

(1)

1988 c. 50; section 21 was amended by the Local Government and Housing Act 1989 (c. 42), section 194(1), schedule 11, paragraph 103; and by the Housing Act 1996 (c. 52), sections 98, 99.

(2)

1977 c. 42.

(3)

Section 19A was amended by the Housing Act 1996 (c. 52), section 96(1), and section 20 by that Act, section 104, 227, schedule 8, paragraph 2; schedule 19, Part IV.