Section 55.44

On receipt of the defence the court must— send a copy to the claimant; and refer the claim and defence to a judge. Where the period set out in rule 55.43 has expired without the defendant filing a defence— the claimant may file a written request for an order for possession; and the court must refer that request to a judge. Where the defence is received after the period set out in rule 55.43 has expired but before a request is filed in accordance with paragraph (2), paragraph (1) still applies. Where— the claim must be stayed. the period set out in rule 55.43 has expired without the defendant filing a defence; and the claimant has not made a request for an order for possession under paragraph (2) within 3 months after the expiry of the period set out in rule 55.43,

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Source: legislation.gov.uk · retrieved 2026-08-15