Part 56 APPLICATION AND INTERPRETATION OF THE RULES
See also Practice Direction 56, Practice Direction 56A
| 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 2.5 |
| 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 |
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 19271;
(b) the Leasehold Property (Repairs) Act 19382;
(c) the Landlord and Tenant Act 19543;
(d) the Landlord and Tenant Act 19854;
(e) the Landlord and Tenant Act 19875; 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.
Starting the claim
56.2
(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) 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.
(3) Practice Direction 56 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 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.
(Practice Direction 56 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 19328;
(b) the Leasehold Reform Act 19679;
(c) the Access to Neighbouring Land Act 199210;
(d) the Leasehold Reform, Housing and Urban Development Act 199311; and
(e) the Commonhold and Leasehold Reform Act 200212.
III APPLICATIONS AND CLAIMS TO THE COURT UNDER THE RENTING HOMES (WALES) ACT 2016
Scope and interpretation
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(2) 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 referred to in paragraphs (i) to (iii);
and includes an appeal under section 78(3) 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.
Making the Renting Homes (Wales) claim
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
56.7
A practice direction may set out provisions with regard to Renting Homes (Wales) claims.