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Rule 55.2 ScopeF1

(1)

The procedure set out in this Section of this Part must be used where the claim includes—

(a)

a possession claim brought by a—

(i)

landlord (or former landlord);

(ii)

mortgagee; or

(iii)

licensor (or former licensor);

(b)

a possession claim against trespassers; or

(c)

a claim by a tenant seeking relief from forfeiture.

F2(Where a demotion claim or a suspension claim (or both) is made in the same claim form in which a possession claim is started, this Section of this Part applies as modified by rule 65.12. Where the claim is a demotion claim or a suspension claim only, or a suspension claim made in addition to a demotion claim, Section III of Part 65 applies).

(2)

This Section of this Part

(a)

is subject to any enactment or practice direction which sets out special provisions with regard to any particular category of claim; F3...

(b)

does not apply where the claimant uses the procedure set out in Section II of this Part F4; and

(c)

does not apply where the claimant seeks an interim possession order under Section III of this Part except where the court orders otherwise or that Section so provides

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

Words in rule 55.2(1) substituted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 43

F3

Word in rule 55.2(2)(a) omitted (2.12.2002) by virtue of The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 22(b)(i)

F4

Rule 55.2(2)(c) and word inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 22(b)(ii)

F5

Words in rule 55.2(2) omitted (2.12.2002) by virtue of The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 22(b)(iii)

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)