Rule 55.10 Possession claims relating to mortgaged residential propertyF1

(1)

This rule applies where a mortgagee seeks possession of land which consists of or includes residential property.

(F22)

Within 5 days of receiving notification of the date of the hearing by the court, the claimant must send a notice to—

(a)

the property, addressed to “the tenant or the occupier”; F3...

(b)

the housing department of the local authority within which the property is located F4; and

(F5c)

any registered proprietor (other than the claimant) of a registered charge over the property.

(3)

The notice referred to in F6paragraph (2)(a) must—

(a)

state that a possession claim for the property has started;

(b)

show the name and address of the claimant, the defendant and the court which issued the claim form; and

(c)

give details of the hearing.

(F73A)

The notice referred to in paragraph 2(b) must contain the information in paragraph (3) and must state the full address of the property.

(4)

The claimant must produce at the hearing—

(a)

a copy of the F8notices; and

(b)

evidence that F9they have been sent.

(F104A)

An unauthorised tenant of residential property may apply to the court for the order for possession to be suspended.

Annotations

F1: Pt. 55 inserted (15.10.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rule 1(d), Sch. 1 (with rule 31)
F2: Rule 55.10(2) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 11(a)
F3: Word in rule 55.10(2)(a) omitted (30.4.2010) by virtue of The Civil Procedure (Amendment) Rules 2010 (S.I. 2010/621), rules 1(2), 10(a)(i)
F4: Word in rule 55.10(2)(b) substituted (30.4.2010) by The Civil Procedure (Amendment) Rules 2010 (S.I. 2010/621), rules 1(2), 10(a)(ii)
F5: Rule 55.10(2)(c) inserted (30.4.2010) by The Civil Procedure (Amendment) Rules 2010 (S.I. 2010/621), rules 1(2), 10(a)(iii)
F6: Words in rule 55.10(3) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 11(b)
F7: Rule 55.10(3A) inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 11(c)
F8: Words in rule 55.10(4)(a) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 11(d)(i)
F9: Word in rule 55.10(4)(b) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 11(d)(ii)
F10: Rule 55.10(4A) inserted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 7

F2: Words in Pt. 55 Table of Contents inserted (23.8.2020) by The Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 (S.I. 2020/751), rules 1, 2(a)
F3: Words in Pt. 55 Table of Contents substituted (6.4.2021) by The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 13
F4: Words in Pt. 55 Table of Contents inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 3 Pt. 1
F5: Words in Pt. 55 Table of Contents inserted (25.6.2020) by The Civil Procedure (Amendment No. 2) (Coronavirus) Rules 2020 (S.I. 2020/582), rules 1, 2(a)
F6: Words in Pt. 55 Table of Contents inserted (1.12.2022) by virtue of The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(2), 22(1)