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

The following Property Disputes practice 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
  • Claim form and particulars of claim
  • Defence
  • Consideration of the claim
  • CPR 55—landlord’s right to forfeit during the term of a fixed term tenancy
  • Claim form and particulars of claim
  • Defence
  • Consideration of the claim
  • More...

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:

  1. proceedings for possession

  2. forfeiture of business leases on the grounds of non-payment of rent

  3. a landlord's right to exercise Commercial Rent Arrears Recovery (CRAR) and enforcement agents taking control of goods

  4. service of various notices to recover possession of residential properties

  5. practice and procedure in the First-tier Tribunal (Property Chamber) and Upper Tribunal (Lands Chamber)

  6. insolvency legislation of both a permanent and temporary nature

For further information and guidance, see: Coronavirus (COVID-19)—implications for property.

CPR PD 51Z has been amended to clarify that the stay does not apply to claims against trespassers (to which CPR 55.6 applies) or to applications for, or the making of interim possession orders. In addition, it has been confirmed that CPR PD 51Z does not preclude the issue of possession claims but merely stays them, and the parties to a possession claim may seek case management directions from the court, where these have been agreed by the parties.

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,

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