When using the accelerated possession procedure, a judge has 3 options when dealing with the case after receiving the claim for possession and either a defence is filed or the time for filing a defence has passed:
The court may:-
- Order possession [CPR 55.16(1)(a)]
If the court is not satisfied that the claim form was served or, the court is not satisfied that that the landlord is entitled to recover possession under section 21 of the Housing Act 1988, then
The court may:
- Direct that a date be fixed for a hearing; and give any appropriate case management directions; or [CPR 55.16(1)(b)]
- Strike out the claim if the claim form discloses no reasonable grounds for bringing the claim. [CPR 55.16(1)(c)].
Where a claim is struck out in this manner, the court must serve its reasons for striking out the claim with the order and the landlord may apply to restore the claim within 28 days after the date the order was served on him. [CPR 55.16(4)].
Examples of cases where a claim is struck out without the court ordering a hearing can be if a notice is clearly invalid and contains the wrong date.