PART 56 - LANDLORD AND TENANT CLAIMS AND MISCELLANEOUS PROVISIONS ABOUT LAND


Contents of this Part

 
Title Number
I LANDLORD AND TENANT CLAIMS  
Scope and interpretation Rule 56.1
Starting the claim Rule 56.2
Claims for a new tenancy under section 24 and for the termination of a tenancy under section 29(2) of the Landlord and Tenant Act 1954 Rule 56.3
II MISCELLANEOUS PROVISIONS ABOUT LAND  
Scope Rule 56.4
 

I LANDLORD AND TENANT CLAIMS

Scope and interpretation

56.1

(1) In this Section of this Part ‘landlord and tenant claim’ means a claim under –

(a) the Landlord and Tenant Act 19271;

(b) the Leasehold Property (Repairs) Act 19382;

(c) the Landlord and Tenant Act 19543;

(d) the Landlord and Tenant Act 19854;

(e) the Landlord and Tenant Act 19875; or

(f) section 214 of the Housing Act 20046.

(2) A practice direction may set out special provisions with regard to any particular category of landlord and tenant claim.

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Starting the claim

56.2

(1) In the County Court—

(a) the claim may be made at any County Court hearing centre, unless paragraph (2) applies or an enactment provides otherwise;

(b) the claim will be issued by the hearing centre where the claim is made; and

(c) if the claim is not made at the County Court hearing centre which serves the address where the land is situated, the claim will be sent to the hearing centre serving that address.

(Practice Direction 56 includes further direction in respect of claims which are not made at the County Court hearing centre which serves the address where the land is situated.)

(2) Unless an enactment provides otherwise, the claim may be started in the High Court if the claimant files with the claim form a certificate stating the reasons for bringing the claim in that court verified by a statement of truth in accordance with rule 22.1(1).

(3) Practice Direction 56 refers to circumstances which may justify starting the claim in the High Court.

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Claims for a new tenancy under section 24 and for the termination of a tenancy under section 29(2) of the Landlord and Tenant Act 19547

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; and

(b) Omitted

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

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

(Practice Direction 56 contains provisions about evidence, including expert evidence in opposed claims)

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II MISCELLANEOUS PROVISIONS ABOUT LAND

Scope

56.4  A practice direction may set out special provisions with regard to claims under the following enactments –

(a) the Chancel Repairs Act 19328;

(b) the Leasehold Reform Act 19679;

(c) the Access to Neighbouring Land Act 199210;

(d) the Leasehold Reform, Housing and Urban Development Act 199311; and

(e) the Commonhold and Leasehold Reform Act 200212.

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Footnotes

  1. 1927 c. 36. Back to text
  2. 1938 c. 34. Back to text
  3. 1954 c. 56. Back to text
  4. 1985 c. 70. Back to text
  5. 1987 c. 31. Back to text
  6. 2004 c. 34. Back to text
  7. 1954 c.56. Section 24 was amended by article 3 of S.I. 2003/3096. Section 29(2) was substituted by article 5 of S.I. 2003/3096. Back to text
  8. 1932 c. 20. Back to text
  9. 1967 c. 88. Back to text
  10. 1992 c. 23. Back to text
  11. 1993 c. 28. Back to text
  12. 2002 c. 15. Back to text
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