CPR 55 procedure in relation to commercial property
Produced in partnership with Victoria Jones
CPR 55 procedure in relation to commercial property

The following Property Disputes guidance note Produced in partnership with Victoria Jones provides comprehensive and up to date legal information covering:

  • CPR 55 procedure in relation to commercial property
  • CPR 55—landlord’s possession claim following the expiry of a lease
  • CPR 55—landlord’s right to forfeit
  • CPR 55—trespass (dealing with squatters)
  • Enforcing a possession order

There are typically three situations in which a commercial landlord will use CPR 55:

  1. possession claim following expiry of a lease (whether or not subject to the Landlord and Tenant Act 1954) (LTA 1954) or licence

  2. possession claim based on a valid forfeiture clause

  3. possession claim against trespassers (which may include seeking an Interim Possession Order)

CPR 55 also sets out the procedure for an application by a tenant for relief from forfeiture. For further guidance, see Practice Notes: Claiming relief from forfeiture when breach is rent arrears and Claiming relief from forfeiture for any breach other than rent arrears.

For guidance on the different ways in which you may bring a commercial or business lease to an end, see Practice Note: LTA 1954 business lease renewal—termination.

CPR 55—landlord’s possession claim following the expiry of a lease

A tenant will lose the right to remain in occupation of a commercial property after the expiry of the contractual term in a number of situations:

  1. the lease is contracted out of LTA 1954

  2. the lease is not contracted out of LTA 1954 but the tenant does not satisfy the criteria for a new lease

  3. the lease is not contracted out of LTA 1954 and a s 25 notice or s 26 notice has been served, but neither party has made a lease renewal application