Paragraph 56.3 Claims under section 24 of the Landlord and Tenant Act 1954

(1)

This rule applies to a claim for a new tenancy under section 24 of the Landlord and Tenant Act 1954^f1.

(2)

The claimant must use the Part 8 procedure but the following rules do not apply—

(a)

rule 8.3(1);

(b)

rule 8.5; and

(c)

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)

a notice that he wishes the claim to be stayed^(GL) for 3 months in order to facilitate negotiation of a new tenancy; or

(b)

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—

(a)

will lift the stay; and

(b)

may give directions about the future management of the claim.

(8)

Unless the court otherwise orders where—

(a)

the stay expires; and

(b)

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—

(a)

the stay is lifted; and

(b)

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—

(a)

when it receives the written evidence of the defendant; or

(b)

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—

(a)

it has been served in accordance with paragraphs (10) or (11) (as the case may be); or

(b)

the court gives permission.

Annotations

Footnotes

f1: 1954 c. 56; section 24 was amended by the Law of Property Act 1969 (c. 59).