Amendment of Part 558

1

In rule 55.11—

a

in paragraph (1)(a), after “tenancy” insert “other than a demoted assured shorthold tenancy”;

b

in paragraph (1)(b)—

i

omit “subject to rule 55.12(2)”; and

ii

for “55.12(1)” substitute “55.12”; and

c

omit the words in parentheses at the end of the rule.

2

For rule 55.12, substitute—

55.12

 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 28 February 1997;

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 of the 1988 Act;

e

all the tenancies under which the defendant has occupied the property—

i

were the subject of written agreements; or

ii

arose by virtue of section 5 of the 1988 Act.