C1PART 9TERMINATION ETC. OF OCCUPATION CONTRACTS

Annotations:
Modifications etc. (not altering text)

C1CHAPTER 7TERMINATION OF FIXED TERM STANDARD CONTRACTS

Termination by landlord: serious rent arrears

I1C1187C1Serious rent arrears

1

If the contract-holder under a fixed term standard contract is seriously in arrears with his or her rent, the landlord may on that ground make a possession claim.

2

The contract-holder is seriously in arrears with his or her rent—

a

where the rental period is a week, a fortnight or four weeks, if at least eight weeks' rent is unpaid;

b

where the rental period is a month, if at least two months' rent is unpaid;

c

where the rental period is a quarter, if at least one quarter's rent is more than three months in arrears;

d

where the rental period is a year, if at least 25% of the rent is more than three months in arrears.

3

Section 216 provides that the court must (subject to any available defence based on the contract-holder's Convention rights) make an order for possession of the dwelling if it is satisfied that the contract-holder—

a

was seriously in arrears with his or her rent on the day on which the landlord gave the contract-holder the possession notice, and

b

is seriously in arrears with his or her rent on the day on which the court hears the possession claim.

4

This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts.

I2C1188C1Restrictions on section 187

1

Before making a possession claim on the ground in section 187, the landlord must give the contract-holder a possession notice specifying that ground.

2

The landlord may not make the claim—

a

before the end of the period of 14 days starting with the day on which the landlord gives the contract-holder the possession notice, or

b

after the end of the period of six months starting with that day.

3

This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts.