The Civil Procedure (Amendment) Rules 2001

Conditions

55.12  The conditions referred to in rule 55.11(1)(b) are that—

(a) the tenancy and any agreement for the tenancy were entered into on or after 15 January 1989;

(b) the only purpose of the claim is to recover possession of the property and no other claim is made;

(c) the tenancy did not immediately follow an assured tenancy which was not an assured shorthold tenancy;

(d) the tenancy fulfilled the conditions provided by section 19A or 20(1)(a) to (c) of the 1988 Act(1);

(e) the tenancy—

(i) was the subject of a written agreement;

(ii) arises by virtue of section 5 of the 1988 Act but follows a tenancy that was the subject of a written agreement; or

(iii) relates to the same or substantially the same property let to the same tenant and on the same terms (though not necessarily as to rent or duration) as a tenancy which was the subject of a written agreement; and

(f) a notice in accordance with sections 21(1) or 21(4) of the 1988 Act(2) was given to the tenant in writing.

(1)

1988 c. 50; section 19A was inserted by the Housing Act 1996 (c. 52), section 96(1); section 20(1) was amended by section 104 and Schedule 8, paragraph 2(3) of that Act.

(2)

1988 c. 50; section 21(1) and 21(4) were amended by the Housing Act 1996 (c. 52), section 98.