CPR 55 procedure in relation to residential common law tenancies
CPR 55 procedure in relation to residential common law tenancies

The following Property Disputes guidance note provides comprehensive and up to date legal information covering:

  • CPR 55 procedure in relation to residential common law tenancies
  • Common law tenancies
  • CPR 55—landlord’s possession claim following the expiry of a common law tenancy
  • CPR 55—landlord’s right to forfeit during the term of a fixed term tenancy
  • CPR 55—trespass (dealing with squatters)
  • Possession order
  • Enforcing a possession order

For guidance on the CPR procedure for residential property let on an assured shorthold tenancy (AST), see Practice Note: Assured and assured shorthold tenancies—terminating.

For guidance on CPR procedure for commercial common law tenancies (ie commercial tenancies which fall outside the protection of the Landlord and Tenant Act 1954, Part II, see the Practice Note: CPR 55 procedure in relation to commercial property.

Common law tenancies

Residential common law tenancies are those which fall outside the scope of residential statutory security of tenure, for example under the Housing Act 1988 (HA 1988). For more information regarding statutory security of tenure see Practice Note: A summary of types of private residential tenancies.

If a common law tenancy had a fixed term, upon expiry of the term the tenant's right to possession ceases and the landlord becomes entitled to possession. No notice to quit is required, and serving one is inappropriate.

If a tenancy was periodic (from the outset or following the tenant holding over after expiry of the fixed term), notice to terminate will need to be given equal to the period of the tenancy—for further information see Practice Note: Periodic tenancies. The notice to terminate will need to contain the prescribed information required under Protection from Eviction Act 1977 (PEA 1977), s 5 and give not less than four week’s notice.

If the tenant