OpenLegislation

Rule 56.3 Claims for a new tenancy under section 24 and for the termination of a tenancy under section 29(2) of the Landlord and Tenant Act 1954F1F2

(1)

This rule applies to a claim for a new tenancy under section 24 and to a claim for the termination of a tenancy under section 29(2) of the 1954 Act.

(2)

In this rule—

(a)

“the 1954 Act” means the Landlord and Tenant Act 1954;

(b)

“an unopposed claim” means a claim for a new tenancy under section 24 of the 1954 Act in circumstances where the grant of a new tenancy is not opposed;

(c)

“an opposed claim” means a claim for—

(i)

a new tenancy under section 24 of the 1954 Act in circumstances where the grant of a new tenancy is opposed; or

(ii)

the termination of a tenancy under section 29(2) of the 1954 Act.

(3)

Where the claim is an unopposed claim—

(a)

the claimant must use the Part 8 procedure, but the following rules do not apply—

(i)

rule 8.5; and

(ii)

rule 8.6; F3and

F4(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

the court will give directions about the future management of the claim following receipt of the acknowledgment of service.

(F54)

Where the claim is an opposed claim the claimant must use the Part 7 procedure.

(F6Practice Direction 56 contains provisions about evidence, including expert evidence in opposed claims)

Annotations

Textual amendments

F1

Pt. 56 inserted (15.10.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rule 1(d), Sch. 2 (with rule 31)

F2

Rule 56.3 substituted (1.6.2004) by The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rules 1(a), 16 (with rule 20(1))

F3

Word in rule 56.3(3)(a)(ii) inserted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 29(c)(i)

F4

Rule 56.3(3)(b) omitted (1.10.2008) by virtue of The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 29(c)(ii)

F5

Rule 56.3(4) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 29(c)(iii)

F6

Words in rule 56.3 substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 31(b)

Notes on Part 56

Textual amendments

F2

Words in Pt. 56 heading inserted (1.12.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(2), 23(1)

F3

Words in Pt. 56 Table of Contents inserted (1.12.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(2), 23(2)