The Civil Procedure Rules 1998

[F1 PART 56 E+W LANDLORD AND TENANT CLAIMS AND MISCELLANEOUS PROVISIONS ABOUT LAND [F2 AND CLAIMS UNDER THE RENTING HOMES (WALES) ACT 2016]

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 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)

Contents of this part
I–LANDLORD AND TENANTS CLAIMS
Scope and interpretation	Rule 56.1
Starting the claim	Rule 56.2
Claims under section 24 of the Landlord and Tenant Act 1954	Rule 56.3
II–MISCELLANEOUS PROVISIONS ABOUT LAND
Scope	Rule 56.4
[F3 III APPLICATIONS AND CLAIMS TO THE COURT UNDER THE RENTING HOMES (WALES) ACT 2016
Scope and interpretation	Rule 56.5
Making the claim	Rule 56.6
Further provision for Renting Homes (Wales) claims	Rule 56.7]

Textual Amendments

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)

I–LANDLORD AND TENANT CLAIMS E+W

Scope and interpretation E+W

56.1— (1) In this Section of this Part “landlord and tenant claim” means a claim under—

(a) the Landlord and Tenant Act 1927(1);

(b) the Leasehold Property (Repairs) Act 1938(2);

(c) the Landlord and Tenant Act 1954(3);

(d) the Landlord and Tenant Act 1985(4); F4 ...

(e) the Landlord and Tenant Act 1987(5) [F5 ; or]

[F6 (f) section 214 of the Housing Act 2004.]

(2) A practice direction may set out special provisions with regard to any particular category of landlord and tenant claim.

Textual Amendments

F4 Word in rule 56.1(1)(d) omitted (1.10.2008) by virtue of The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 29(a)(i)

F5 Word in rule 56.1(1)(e) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 29(a)(ii)

F6 Rule 56.1(1)(f) inserted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 29(a)(iii)

Starting the claim E+W

56.2— [F7 (1) In the County Court—

(a) the claim may be made at any County Court hearing centre, unless paragraph (2) applies or an enactment provides otherwise;

(b) the claim will be issued by the hearing centre where the claim is made; and

(c) if the claim is not made at the County Court hearing centre which serves the address where the land is situated, the claim will be sent to the hearing centre serving that address.

(Practice Direction 56 includes further direction in respect of claims which are not made at the County Court hearing centre which serves the address where the land is situated.)]

(2) [F8 Unless an enactment provides otherwise, the claim] may be started in the High Court if the claimant files with [F9 the] claim form a certificate stating the reasons for bringing the claim in that court verified by a statement of truth F10 ....

(3) [F11 Practice Direction 55A] refers to circumstances which may justify starting the claim in the High Court.

F12 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Rule 56.2(1) substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 23; S.I. 2014/954, art. 2(a)

F8 Words in rule 56.2 substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 29(b)(i)

F9 Word in rule 56.2 substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 29(b)(ii)

F10 Words in rule 56.2(2) omitted (1.10.2023 immediately after S.I. 2023/572 comes into force) by virtue of The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 26

F11 Words in rule 56.2(3) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 31(a)

F12 Rule 56.2(4) omitted (1.6.2004) by virtue of The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rules 1(a), 15(b) (with rule 20(1))

[F13 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 E+W

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; [F14 and]

F15 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F16 (4) Where the claim is an opposed claim the claimant must use the Part 7 procedure.]

([F17 Practice Direction 56] contains provisions about evidence, including expert evidence in opposed claims)]

Textual Amendments

F13 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))

F14 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)

F15 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)

F16 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)

F17 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)

II–MISCELLANEOUS PROVISIONS ABOUT LAND E+W

Scope E+W

56.4   A practice direction may set out special provisions with regard to claims under the following enactments—

(a) the Chancel Repairs Act 1932(6);

(b) the Leasehold Reform Act 1967(7);

(c) the Access to Neighbouring Land Act 1992; F18 ...

(d) the Leasehold Reform, Housing and Urban Development Act 1993 [F19 ; and

(e) the Commonhold and Leasehold Reform Act 2002]

Textual Amendments

F18 Word in rule 56.4(c) omitted (1.4.2003) by virtue of The Civil Procedure (Amendment No. 2) Rules 2002 (S.I. 2002/3219), rules 1, 7(a)

F19 Rule 56.4(e) and word inserted (1.4.2003) by The Civil Procedure (Amendment No. 2) Rules 2002 (S.I. 2002/3219), rules 1, 7(b)

[F20 III APPLICATIONS AND CLAIMS TO THE COURT UNDER THE RENTING HOMES (WALES) ACT 2016 E+W

Textual Amendments

F20 Pt. 56 Section 3 inserted (1.12.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(2), 23(3)

Scope and interpretation E+W

56.5.— (1) In this Section of this Part —

(a) “the 2016 Act” means the Renting Homes (Wales) Act 2016;

(b) “Renting Homes (Wales) claim” means a claim or application under the 2016 Act other than a claim —

(i) for possession;

(ii) for a prohibited conduct standard contract order under section 116 of the 2016 Act;

(iii) to which the Pre-Action Protocol for Housing Disrepair Cases applies; or

(iv) brought in the same proceedings as a claim [F21 referred to in paragraphs (i) to (iii)];

and includes an appeal under section 78 of the 2016 Act;

(c) “the claimant” means the person making the Renting Homes (Wales) claim, irrespective of whether it is a claim or application under the 2016 Act.

Textual Amendments

F21 Words in rule 56.5(1)(b)(iv) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 29

Making the Renting Homes (Wales) claim E+W

56.6.   In the County Court, the Renting Homes (Wales) claim—

(a) may be made at any County Court hearing centre;

(b) is to be issued by the hearing centre where the claim is made; and

(c) if not made at the County Court hearing centre which serves the address where the land is situated, is to be sent to the hearing centre serving that address.

Further provision for Renting Homes (Wales) claims E+W

56.7.   A practice direction may set out provisions with regard to Renting Homes (Wales) claims.]]

(1)

1978 c. 33.

(2)

1981 c. 54. Section 35A was inserted by the Administration of Justice Act 1982 (c. 53), section 15(1), Schedule 1, Part I.

(3)

1984 c. 28. Section 69 was amended by the Courts and Legal Services Act 1990 (c. 41), section 125(3), Schedule 18, paragraph 46.

(4)

1997 c. 27.

(5)

1980 c. 58.

(6)

1995 c. 21.

(7)

1980 c. 58.