Part IIIE+W Protected Occupancies and Statutory Tenancies: Supplemental

MiscellaneousE+W

26 Jurisdiction and procedure.E+W

(1)[F1The county court] shall have jurisdiction to determine—

(a)whether any person is or is not a protected occupier or a statutory tenant, or

(b)any question concerning the subject matter, terms or conditions of a statutory tenancy,

or any matter which is or may become material for determining a question under paragraph (a) or (b).

(2)[F1The county court] shall have jurisdiction to deal with any claim or other proceedings arising out of Part I of this Act, or Part II of this Act except Part II of Schedule 4, or this Part, notwithstanding that the case would not, apart from this subsection, be within the jurisdiction of [F1the county court].

[F2(3)If, on a claim arising under Part I of this Act, or Part II of this Act except Part II of Schedule 4, or this Part, a person takes proceedings in the High Court which he could have taken in the county court, he shall not be entitled to any costs.]

(4)The jurisdiction conferred by subsection (1) above is exercisable either in the course of any proceedings relating to the dwelling-house, or on an application made for the purpose by the landlord or tenant.

F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in s. 26 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)