Property Law uk

Maintained by Gary Webber

Procedure

This page contains information that deals with
  • Abuse of process by a landlord.
  • Amendment (i) to change name of party and (ii) to seek a particular lease term late in the day.
  • Appeal - new evidence.
  • Default judgments in lease termination cases.
  • Application for new tenancy - summary judgment.
  • Discontinuance by tenant of lease renewal case brought by landlord - can the court make an order for costs?
  • Interim rent application - evidence - disclosure
  • Service of proceedings - rules since 1 October 2008.

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 provisions setting out what should go in the claim form, acknowledgement and defence depending on the different circumstances.
  • Provisions is made relating to evidence, basically in accordance with court directions; with the landlord required to file evidence first in opposed claims.
  • There are procedures for applying for interim rent.

Abuse of process

Article: "Compensation under the Landlord and Tenant Act 1954: A landlord's avoidance scheme fails" by Daniel Kidd, Denton Wilde Sapte - Describes a case in which a landlord's application to terminate a tenancy under s29(2) was struck out on the basis that the landlord's application was only made, and in the same breadth abandoned, in an attempt to avoid the compensation provisions of the Act after it had changed its mind about redevelopment having previously served a hostile s25 notice relying upon ground (f). (Landlord and Tenant Rev ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

Existing members, to login click => here