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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) Rules 2008 (44), Civil Procedure (Amendment) Rules 2001 (31), Civil Procedure Amendment Rules 2004 (20), Civil Procedure (Amendment) Rules 2001 (32), Civil Procedure (Amendment) Rules 2008 (29), Civil Procedure Amendment Rules 2004 (20), Civil Procedure (Amendment No. 2) Rules 2001 (14), Civil Procedure (Amendment) Rules 2001 (Notes).
This part does not affect proceedings started before 16 October 2001.

See also Practice Direction 56

Part 56 LANDLORD AND TENANT CLAIMS AND MISCELLANEOUS PROVISIONS ABOUT LAND

Contents of this Part
Title Number
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 1927Acts1;
(b)     the Leasehold Property (Repairs) Act 19382;
(c)     the Landlord and Tenant Act 1954Acts3;
(d)     the Landlord and Tenant Act 1985Acts4;
(e)     the Landlord and Tenant Act 1987Acts5; or
(f)     section 214 of the Housing Act 20046.
(2)     A practice direction may set out special provisions with regard to any particular category of landlord and tenant claim.
Text inserted after Rule 56.1(1)(e) w/e from 1 October 2008,
Text omitted in Rule 56.1(1)(d) w/e from 1 October 2008,
Text substituted in Rule 56.1(1)(e) w/e from 1 October 2008.
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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)     Unless an enactment provides otherwise, the claim may be started in the High Court if the claimant files with the 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).
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,
Text substituted in Rule 56.2(2) w/e from 1 October 2008.
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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 19547
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)     rule 8.5; and
(ii)     rule 8.6; and
(b)     Omitted
(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 the claimant must use the Part 7 procedure.

(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].
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,
Text inserted in Rule 56.3(3)(a)(ii) w/e from 1 October 2008,
Text omitted paragraph in Rule 56.3(3)(b) w/e from 1 October 2008,
Text substituted in Rule 56.3(4) w/e from 1 October 2008.
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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 1932Acts8;
(b)     the Leasehold Reform Act 1967Acts9;
(c)     the Access to Neighbouring Land Act 1992Acts10;
(d)     the Leasehold Reform, Housing and Urban Development Act 199311; and
(e)     the Commonhold and Leasehold Reform Act 200212.
Rule 36.6(4)(c) amended, (e) added, w/e from 1 April 2003.
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Footnotes

1. 1927 c. 36. Return to footnote 1
2. 1938 c. 34. Return to footnote 2
3. 1954 c. 56. Return to footnote 3
4. 1985 c. 70. Return to footnote 4
5. 1987 c. 31. Return to footnote 5
6. 2004 c. 34. Return to footnote 6
7. 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. Return to footnote 7
8. 1932 c. 20. Return to footnote 8
9. 1967 c. 88. Return to footnote 9
10. 1992 c. 23. Return to footnote 10
11. 1993 c. 28. Return to footnote 11
12. 2002 c. 15. Return to footnote 12
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