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Part 56

LANDLORD AND TENANT CLAIMS AND MISCELLANEOUS PROVISIONS ABOUT LAND

See also Practice Direction 56
This Part is referred to in: PDP 26 (8.1), PDP 56 (2.1A), Civil Procedure (Amendment) Rules 2001 (Notes).
This Part is referred to in the following SIs: Civil Procedure (Amendment No. 2) Rules 2001 (14), Civil Procedure (Amendment) Rules 2001 (31), (32), (Notes), Civil Procedure Amendment Rules 2004 (20), (20).
This part does not affect proceedings started before 16 October 2001.
 

Contents of this part
 
I LANDLORD AND TENANT CLAIMS
Scope and interpretation   Rule 56.1
Starting the claim   Rule 56.2
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 1954   Rule 56.3

II MISCELLANEOUS PROVISIONS ABOUT LAND
Scope   Rule 56.4

I LANDLORD AND TENANT CLAIMS



SCOPE AND INTERPRETATION
56.1   
(1)  
In this Section of this Part 'landlord and tenant claim' means a claim under ---
(a)  
the Landlord and Tenant Act 1927Acts(1);
(b)  
the Leasehold Property (Repairs) Act 1938(2);
(c)  
the Landlord and Tenant Act 1954Acts(3);
(d)  
the Landlord and Tenant Act 1985Acts(4); or
(e)  
the Landlord and Tenant Act 1987Acts(5).
(2)  
A practice direction may set out special provisions with regard to any particular category of landlord and tenant claim.

This Rule is referred to in the following SIs: Civil Procedure (Amendment) Rules 2001 (32).

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STARTING THE CLAIM
56.2   
(1)  
The claim must be started in the county court for the district in which the land is situated unless paragraph (2) applies or an enactment provides otherwise.
(2)  
The claim may be started in the High Court if the claimant files with his claim form a certificate stating the reasons for bringing the claim in that court verified by a statement of truth in accordance with rule 22.1(1).
(3)  
The practice direction refers to circumstances which may justify starting the claim in the High Court.

This Rule is referred to in: Part 22 (22.1), PDP 22 (1.1).
This Rule is referred to in the following SIs: Civil Procedure (Amendment No. 3) Rules 2001 (4), Civil Procedure (Amendment) Rules 2001 (11), (32), Civil Procedure Amendment Rules 2004 (15), (Notes).
Rule 56.2 reference in (1) to para (4) revoked, para (4) revoked 4 w/e from 1 June 2004. Amendments do not apply where article 29(1) or (4) of the Regulatory Reform (Business Tenancies)(England and Wales) Order 2003 applies.

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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 1954(6)
56.3   
(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)  
(ii)  
(b)  
the claim form must be served within 2 months after the date of issue and rules 7.5 and 7.6 are modified accordingly; and
(c)  
the court will give directions about the future management of the claim following receipt of the acknowledgment of service.
(4)  
Where the claim is an opposed claim ---
(a)  
the claimant must use the Part 7 procedure; but
(b)  
the claim form must be served within 2 months after the date of issue, and rules 7.5 and 7.6 are modified accordingly.
(The practice direction to this Part contains provisions about evidence, including expert evidence in opposed claims)

This Rule is referred to in: PDP 56 (3.1), Chabba v Turbogame Ltd [8].
This Rule is referred to in the following SIs: Civil Procedure (Amendment) Rules 2001 (32), Civil Procedure Amendment Rules 2004 (16), (Notes), (Notes).
Text in Rule 56.3 replaced w/e from 1 June 2004. Amendments do not apply where article 29(1) or (4) of the Regulatory Reform (Business Tenancies)(England and Wales) Order 2003 applies.

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II MISCELLANEOUS PROVISIONS ABOUT LAND



SCOPE
56.4   
A practice direction may set out special provisions with regard to claims under the following enactments ---
(a)  
the Chancel Repairs Act 1932Acts(7);
(b)  
the Leasehold Reform Act 1967Acts(8);
(c)  
the Access to Neighbouring Land Act 1992Acts(9);
(d)  
the Leasehold Reform, Housing and Urban Development Act 1993(10); and
(e)  
the Commonhold and Leasehold Reform Act 2002(11).

This Rule is referred to in the following SIs: Civil Procedure (Amendment No.2) Rules 2002 (7), (Notes), Civil Procedure (Amendment) Rules 2001 (32).
Rule 36.6(4)(c) amended, (e) added, w/e from 1 April 2003.

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FOOTNOTES
1
1927 c. 36.
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2
1938 c. 34.
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3
1954 c. 56.
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4
1985 c. 70.
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5
1987 c. 31.
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6
1954 c.56. Section 24 was amended by article 3 of S.I. 2003/3096. Section 29(2) was substituted by article 5 of S.I. 2003/3096.
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7
1932 c. 20.
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8
1967 c. 88.
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9
1992 c. 23.
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10
1993 c. 28.
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11
2002 c. 15.
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