the Property Law website
Maintained by Gary Webber, barrister


Procedure

This page contains information that deals with
  • Abuse of process by a landlord.
  • Amendment (i) to change name of party (Parsons v George) and (ii) to seek a particular lease term late in the day (Benchmark Group plc v Davies Attbrook (Chemists) Ltd).
  • Appeal - new evidence (Davys of London (Wine Merchants) Limited v City of London Corporation).
  • Default judgments in lease termination cases.
  • Discontinuance by tenant of lease renewal case brought by landlord - can the court make an order for costs? (Trustees of the Portman Estate v Drexler)

Part 56

The procedure for lease renewal claims, and claims for termination by the landlord under s29(2) of the 1954 Act, is governed by Civil Procedure Rules, Part 56 and its practice direction. A very brief summary is as follows:
  • Opposed lease renewal claims and claims to terminate under s29(2) are dealt with under Part 7.
  • Unopposed lease renewal claims are dealt with under Part 8.
  • There are detailed provisions dealing with which claim should have priority where both the landlord and tenant issue an claim without the other knowing about it. For example, each has applied to renew without the other knowing.
  • There are detailed provisi ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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