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Civil Procedure Rules




Part  56  
  LANDLORD AND TENANT CLAIMS AND MISCELLANEOUS PROVISIONS ABOUT LAND
  Contents of this part
 
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 1927(1);
(b)
the Leasehold Property (Repairs) Act 1938(2);
(c)
the Landlord and Tenant Act 1954(3);
(d)
the Landlord and Tenant Act 1985(4); or
(e)
the Landlord and Tenant Act 1987(5).
(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)
The claim must be started in the county court for the district in which the land is situated unless paragraph (2) applies or an enactment provides otherwise.
(2)
The claim may be started in the High Court if the claimant files with his 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)
The practice direction 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 1954(6)
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;
(b)
the claim form must be served within 2 months after the date of issue and rules 7.5 and 7.6 are modified accordingly; and
(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 –
(a)
the claimant must use the Part 7 procedure; but
(b)
the claim form must be served within 2 months after the date of issue, and rules 7.5 and 7.6 are modified accordingly.
 
(The practice direction to this Part 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 1932(7);
(b)
the Leasehold Reform Act 1967(8);
(c)
the Access to Neighbouring Land Act 1992(9);
(d)
the Leasehold Reform, Housing and Urban Development Act 1993(10); and
(e)
the Commonhold and Leasehold Reform Act 2002(11).

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FOOTNOTES
1
1927 c. 36. Back to footnote citation
2
1938 c. 34. Back to footnote citation
3
1954 c. 56. Back to footnote citation
4
1985 c. 70. Back to footnote citation
5
1987 c. 31. Back to footnote citation
6
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 footnote citation
7
1932 c. 20. Back to footnote citation
8
1967 c. 88. Back to footnote citation
9
1992 c. 23. Back to footnote citation
10
1993 c. 28. Back to footnote citation
11
2002 c. 15. Back to footnote citation

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