The Civil Procedure Rules 1998

[F1 Possession claims relating to mortgaged residential property E+W

55.10— (1) This rule applies where a mortgagee seeks possession of land which consists of or includes residential property.

[F2 (2) Within 5 days of receiving notification of the date of the hearing by the court, the claimant must send a notice to—

(a) the property, addressed to “the tenant or the occupier”; F3 ...

(b) the housing department of the local authority within which the property is located [F4 ; and]

[F5 (c) any registered proprietor (other than the claimant) of a registered charge over the property.]]

(3) The notice referred to in [F6 paragraph (2)(a)] must—

(a) state that a possession claim for the property has started;

(b) show the name and address of the claimant, the defendant and the court which issued the claim form; and

(c) give details of the hearing.

[F7 (3A) The notice referred to in paragraph 2(b) must contain the information in paragraph (3) and must state the full address of the property.]

(4) The claimant must produce at the hearing—

(a) a copy of the [F8 notices]; and

(b) evidence that [F9 they have been sent].

[F10 (4A) An unauthorised tenant of residential property may apply to the court for the order for possession to be suspended.]]

Textual Amendments

F1 Pt. 55 inserted (15.10.2001) by The Civil Procedure (Amendment) Rules 2001 (S.I. 2001/256), rule 1(d), Sch. 1 (with rule 31)

F2 Rule 55.10(2) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 11(a)

F3 Word in rule 55.10(2)(a) omitted (30.4.2010) by virtue of The Civil Procedure (Amendment) Rules 2010 (S.I. 2010/621), rules 1(2), 10(a)(i)

F4 Word in rule 55.10(2)(b) substituted (30.4.2010) by The Civil Procedure (Amendment) Rules 2010 (S.I. 2010/621), rules 1(2), 10(a)(ii)

F5 Rule 55.10(2)(c) inserted (30.4.2010) by The Civil Procedure (Amendment) Rules 2010 (S.I. 2010/621), rules 1(2), 10(a)(iii)

F6 Words in rule 55.10(3) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 11(b)

F7 Rule 55.10(3A) inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 11(c)

F8 Words in rule 55.10(4)(a) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 11(d)(i)

F9 Word in rule 55.10(4)(b) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 11(d)(ii)

F10 Rule 55.10(4A) inserted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 7