C1PART 9TERMINATION ETC. OF OCCUPATION CONTRACTS
C1CHAPTER 3TERMINATION OF ALL OCCUPATION CONTRACTS (POSSESSION CLAIMS BY LANDLORDS)
Breach of contract
I1C1157C1Breach of contract
1
If the contract-holder under an occupation contract breaches the contract, the landlord may on that ground make a possession claim.
2
Section 209 provides that the court may not make an order for possession on that ground unless it considers it reasonable to do so (and reasonableness is to be determined in accordance with Schedule 10).
3
This section is a fundamental provision which is incorporated as a term of all occupation contracts.
I2C1158C1False statement inducing landlord to make contract to be treated as breach of contract
1
If the landlord under an occupation contract is induced to make the contract by means of a relevant false statement—
a
the contract-holder is to be treated as being in breach of the occupation contract, and
b
the landlord may accordingly make a possession claim on the ground in section 157 (breach of contract).
2
A false statement is relevant if it is made knowingly or recklessly by—
a
the contract-holder, or
b
another person acting at the contract-holder's instigation.
3
This section is a fundamental provision which is incorporated as a term of all occupation contracts; section 20 provides that this section—
a
must be incorporated, and
b
must not be incorporated with modifications.
I3C1159C1Restrictions on section 157
1
Before making a possession claim on the ground in section 157, the landlord must give the contract-holder a possession notice specifying that ground.
2
The landlord may make a possession claim in reliance on a breach of section 55 (anti-social behaviour and other prohibited conduct) on or after the day on which the landlord gives the contract-holder a possession notice specifying a breach of that section.
3
The landlord may not make a possession claim in reliance on a breach of any other term of the contract before the end of the period of one month starting with the day on which the landlord gives the contract-holder a possession notice specifying a breach of that term.
4
In either case, the landlord may not make a possession claim after the end of the period of six months starting with the day on which the landlord gives the contract-holder the possession notice.
5
This section is a fundamental provision which is incorporated as a term of all occupation contracts.
Pt. 9 excluded (1.12.2022) by 2004 c. 34, s. 33(c) (as inserted by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 28(2)(c))