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The Civil Procedure (Amendment) Rules 2001

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55.9—(1) When the court decides the track for a possession claim, the matters to which it shall have regard include—

(a)the matters set out in rule 26.8 as modified by the relevant practice direction;

(b)the amount of any arrears of rent or mortgage instalments;

(c)the importance to the defendant of retaining possession of the land; and

(d)the importance of vacant possession to the claimant.

(2) The court will only allocate possession claims to the small claims track if all the parties agree.

(3) Where a possession claim has been allocated to the small claims track the claim shall be treated, for the purposes of costs, as if it were proceeding on the fast track except that trial costs shall be in the discretion of the court and shall not exceed the amount that would be recoverable under rule 46.2 (amount of fast track costs) if the value of the claim were up to £3,000.

(4) Where all the parties agree the court may, when it allocates the claim, order that rule 27.14 (costs on the small claims track) applies and, where it does so, paragraph (3) does not apply.

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