Section 55.37

When the court decides the track for a Renting Homes possession claim, the matters it must consider include— the matters set out in rule 26.13 as modified by the relevant practice direction; the amount of any arrears of rent; the importance to the defendant of retaining possession of the dwelling; the importance of vacant possession to the claimant; and if applicable, the alleged conduct of the defendant. The court may only allocate Renting Homes possession claims to the small claims track if all the parties agree. Where a Renting Homes possession claim has been allocated to the small claims track the claim must be treated, for the purposes of costs, as if it were proceeding on the fast track except that trial costs are to be in the discretion of the court and must not exceed the amount that would be recoverable under Part 45 if the value of the claim were up to £3,000. 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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Source: legislation.gov.uk · retrieved 2026-08-15