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Rule 55.12 ConditionsF1F2

 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 28 February 1997;

(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 of the 1988 Act;

(e)

all the tenancies under which the defendant has occupied the property—

(i)

were the subject of written agreements; or

(ii)

arose by virtue of section 5 of the 1988 Act.

Annotations

Textual amendments

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 55.12 substituted (6.4.2020) by The Civil Procedure (Amendment) Rules 2020 (S.I. 2020/82), rules 1(1), 8(2)

Notes on Part 55

Textual amendments

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)