56.3
|
(1)
|
This rule applies to a claim for a new tenancy under
section 24 of the Landlord and Tenant Act 1954
(21)
|
|
(2)
|
The claimant must use the Part 8 procedure but the
following rules do not apply -- rule 8.3(1);
- rule 8.5; and
- rule 8.6(1).
|
|
(3)
|
The claim form must be served within 2 months after
the date of issue and rules 7.5 and 7.6 are modified accordingly.
|
|
(4)
|
Within 14 days after service of the claim form the
defendant must file and serve -- a notice that he wishes the claim to be
stayed(GL) for 3 months in order to facilitate negotiation
of a new tenancy; or
- where he intends to contest the claim, his
acknowledgment of service.
|
|
(5)
|
Where the defendant files and serves a notice in
accordance with paragraph (4)(a), the claim will be stayed for 3 months.
|
|
(6)
|
Any party may file and serve a notice requesting the
stay to be lifted.
|
|
(7)
|
Where a party files a notice in accordance with
paragraph (6) the court -- will lift the stay; and
- may give directions about the future management
of the claim.
|
|
(8)
|
Unless the court otherwise orders where
-- the stay expires; and
- the defendant intends to contest the
claim,
he must file and serve his acknowledgment of service
within 14 days after the day on which the stay expires.
|
|
(9)
|
Unless the court otherwise orders where
-- the stay is lifted; and
- the defendant intends to contest the
claim,
he must file and serve his acknowledgment of service
within 14 days after he is served with notification that the stay has been
lifted.
|
|
(10)
|
The claimant must file and serve any written evidence
on which he intends to rely within 14 days of service on him of the
acknowledgment of service.
|
|
(11)
|
The defendant must file and serve any written
evidence on which he intends to rely within 14 days of service on him of the
claimant's evidence.
|
|
(12)
|
The court will give directions about the future
management of the claim -- when it receives the written evidence of the
defendant; or
- where the defendant fails to file any written
evidence within the period set out in paragraph (11), after that period has
expired.
|
|
(13)
|
No written evidence may be relied on at the hearing
of the claim unless -- it has been served in accordance with
paragraphs (10) or (11) (as the case may be); or
- the court gives permission.
|