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See also Practice Direction 56
Part | 56 |
| LANDLORD AND TENANT CLAIMS AND MISCELLANEOUS PROVISIONS ABOUT LAND
| 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 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); or
(e) | the Landlord and Tenant Act 1987(5).
(2) | A practice direction may set out special provisions with regard to any particular category of landlord and tenant claim.
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.
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) | rule 8.5; and
(ii) | rule 8.6;
(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)
## 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 1932(7);
(b) | the Leasehold Reform Act 1967(8);
(c) | the Access to Neighbouring Land Act 1992(9);
(d) | the Leasehold Reform, Housing and Urban Development Act 1993(10); and
(e) | the Commonhold and Leasehold Reform Act 2002(11).
FOOTNOTES
1 | 1927 c. 36.
2 | 1938 c. 34.
3 | 1954 c. 56.
4 | 1985 c. 70.
5 | 1987 c. 31.
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.
7 | 1932 c. 20.
8 | 1967 c. 88.
9 | 1992 c. 23.
10 | 1993 c. 28.
11 | 2002 c. 15.

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