Rule 55.41 ConditionsF1 F2

The conditions referred to in rule 55.40(1)(b) are that—

(a)

the only purpose of the claim is to recover possession of the dwelling and no other claim is made;

(b)

the claim relates to an occupation contract which is a standard contract; and

(c)

a prescribed notice in accordance with any of the following sections of the 2016 Act was given to the contract-holder—

(i)

section 171 (if the claim is brought under section 170 of that Act);

(ii)

section 173 (if the claim is brought under section 178 of that Act);

(iii)

section 186 (if the claim is brought under that section);

(iv)

section 192 (if the claim is brought under section 191 of that Act); or

(v)

section 194 (if the claim is brought under section 199 of that Act).

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: 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)

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)