Paragraph 55.16 Consideration of the claim

(1)

After considering the claim and any defence, the judge will—

(a)

make an order for possession under rule 55.17;

(b)

where he is not satisfied as to any of the matters set out in paragraph (2)—

(i)

direct that a date be fixed for a hearing; and

(ii)

give any appropriate case management directions; or

(c)

strike out the claim if the claim form discloses no reasonable grounds for bringing the claim.

(2)

The matters referred to in paragraph (1)(b) are that—

(a)

the claim form was served; and

(b)

the claimant has established that he is entitled to recover possession under section 21 of the 1988 Act against the defendant.

(3)

The court will give all parties not less than 14 days' notice of a hearing fixed under paragraph (1)(b)(i).

(4)

Where a claim is struck out under paragraph (1)(c)—

(a)

the court will serve its reasons for striking out the claim with the order; and

(b)

the claimant may apply to restore the claim within 28 days after the date the order was served on him.