OpenLegislation

Rule 55.40 When this Section may be usedF1F2

(1)

The claimant may bring a Renting Homes possession claim under this Section of this Part where—

(a)

the claim is brought under—

(i)

section 170f1 of the 2016 Act to recover possession of a dwelling let under a periodic standard contract (following contract-holder’s notice);

(ii)

section 178 of the 2016 Act to recover possession of a dwelling let under a periodic standard contract (landlord’s notice);

(iii)

section 186 of the 2016 Act to recover possession of a dwelling let under a fixed term standard contract (landlord’s notice at end of fixed term);

(iv)

section 191 of the 2016 Act to recover possession of a dwelling let under a fixed term standard contract (following contract-holder’s break clause); or

(v)

section 199 of the 2016 Act to recover possession of a dwelling let on a fixed term standard contract (landlord’s break clause); and

(b)

all the conditions listed in rule 55.41 are satisfied.

(2)

The claimant may make the claim at any County Court hearing centre, unless an enactment provides otherwise.

(3)

The claim is to be issued by the hearing centre where the claim is made.

(4)

If the hearing centre where the claim is made does not serve the address where the dwelling is situated, the claim is to be sent, after issue, to the hearing centre serving that address.

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

Pt. 55 Section 5 inserted (1.12.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(2), 22(2)

Footnotes

f1

1968 c. 48; 1981 c. 9.

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)