Paragraph 55.12 Conditions

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 15 January 1989;

(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 or 20(1)(a) to (c) of the 1988 Act^f1;

(e)

the tenancy—

(i)

was the subject of a written agreement;

(ii)

arises by virtue of section 5 of the 1988 Act but follows a tenancy that was the subject of a written agreement; or

(iii)

relates to the same or substantially the same property let to the same tenant and on the same terms (though not necessarily as to rent or duration) as a tenancy which was the subject of a written agreement; and

(f)

a notice in accordance with sections 21(1) or 21(4) of the 1988 Act^f2 was given to the tenant in writing.

Annotations

Footnotes

f1: 1988 c. 50; section 19A was inserted by the Housing Act 1996 (c. 52), section 96(1); section 20(1) was amended by section 104 and Schedule 8, paragraph 2(3) of that Act.
f2: 1988 c. 50; section 21(1) and 21(4) were amended by the Housing Act 1996 (c. 52), section 98.