PART 9E+WTERMINATION ETC. OF OCCUPATION CONTRACTS

CHAPTER 7E+WTERMINATION OF FIXED TERM STANDARD CONTRACTS

End of fixed term: landlord's noticeE+W

186Landlord's notice in connection with end of term [F1of contract within Schedule 9B] E+W

(1)The landlord under a fixed term standard contract [F2which is within Schedule 9B] may, before or on the last day of the term for which the contract was made, give the contract-holder notice that he or she must give up possession of the dwelling on a date specified in the notice.

F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F4The] specified date—

(a)may not be before the last day of the term for which the contract was made, and

(b)may not be less than two months after the day on which the notice is given to the contract-holder.

F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)If the landlord gives the contract-holder a notice under subsection (1), the landlord may on that ground make a possession claim.

(6)Section 215 provides that if the court is satisfied that the ground is made out, it must make an order for possession of the dwelling (subject to any available defence based on the contract-holder's Convention rights).

(7)The landlord may not make a possession claim on that ground before the end of the fixed term standard contract.

(8)This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts [F6which are within Schedule 9B.]

[F7186ARestrictions on giving notice under section 186: breaches of statutory obligationsE+W

Schedule 9A imposes restrictions on the giving of notice under section 186, related to breaches of certain statutory obligations.]

Termination by landlord: serious rent arrearsE+W

187Serious rent arrearsE+W

(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.

188Restrictions on section 187E+W

(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.

Contract-holder's break clauseE+W

189Contract-holder's break clauseE+W

(1)A fixed term standard contract may contain a term enabling the contract-holder to end the contract before the end of the fixed term by giving the landlord notice that he or she will give up possession of the dwelling on a date specified in the notice.

(2)References in this Act to a contract-holder's break clause, in relation to a fixed term standard contract, are to the term mentioned in subsection (1).

190Minimum notice periodE+W

(1)The date specified in a notice under a contract-holder's break clause may not be less than four weeks after the day on which the notice is given to the landlord.

(2)This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a contract-holder's break clause.

191Recovery of possessionE+W

(1)If a contract-holder fails to give up possession of the dwelling on the date specified in a notice under a contract-holder's break clause, the landlord may on that ground make a possession claim.

(2)Section 215 provides that if the court is satisfied that the ground is made out, it must make an order for possession of the dwelling (subject to any available defence based on the contract-holder's Convention rights).

(3)This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a contract-holder's break clause.

192Restrictions on section 191E+W

(1)Before making a possession claim on the ground in section 191 the landlord must give the contract-holder a possession notice specifying that ground.

(2)The landlord may make the possession claim on or after the day on which the landlord gives the contract-holder the possession notice.

(3)But the landlord may not make the possession claim after the end of the period of six months starting with that day.

(4)The landlord may not give the contract-holder a possession notice specifying the ground in section 191 after the end of the period of two months starting with the date specified in the notice under the contract-holder's break clause as the date on which the contract-holder would give up possession of the dwelling.

(5)This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a contract-holder's break clause.

193Termination of contract under contract-holder's break clauseE+W

(1)If the contract-holder gives up possession of the dwelling on or before the date specified in a notice under the contract-holder's break clause, the contract ends on the date specified in the notice.

(2)If the contract-holder gives up possession of the dwelling after that date but in connection with the notice, the contract ends—

(a)on the day on which the contract-holder gives up possession of the dwelling, or

(b)if an order for possession is made, on the date determined in accordance with section 206.

(3)The notice ceases to have effect if, before the contract ends—

(a)the contract-holder withdraws the notice by further notice to the landlord, and

(b)the landlord does not object to the withdrawal in writing before the end of a reasonable period.

(4)This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a contract-holder's break clause.

Landlord's break clauseE+W

194Landlord's break clauseE+W

(1)A fixed term standard contract [F8which is within subsection (1A)] may contain a term enabling the landlord to end the contract before the end of the fixed term by giving the contract-holder notice that he or she must give up possession of the dwelling on a date specified in the notice.

[F9(1A)A fixed term standard contract is within this subsection if—

(a)it is made for a term of two years or more, or

(b)it is within Schedule 9C (whether or not it is made for a term of two years or more).]

(2)References in this Act to a landlord's break clause, in relation to a fixed term standard contract, are to the term mentioned in subsection (1).

195Minimum notice periodE+W

(1)The date specified in a notice under a landlord's break clause may not be less than [F10six months] after the day on which the notice is given to the contract-holder.

[F11(2)This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts, except fixed term standard contracts which—

(a)do not have a landlord's break clause, or

(b)are within Schedule 8A (whether or not they have a landlord's break clause).]

[F12195AMinimum notice period: fixed term standard contracts within Schedule 8AE+W

(1)If a fixed term standard contract is within Schedule 8A, the date specified in a notice under a landlord's break clause may not be less than two months after the day on which the notice is given to the contract-holder.

(2)This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts which—

(a)have a landlord's break clause, and

(b)are within Schedule 8A.]

196[F13Restriction on use of landlord's break clause until after the first 18 months of occupation]E+W

(1)The landlord may not give notice under a landlord's break clause before the end of the period of [F1418 months] starting with the occupation date of the contract.

F15(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts, except fixed term standard contracts which—

(a)do not have a landlord's break clause, or

(b)are within Schedule 9 (whether or not they have a landlord's break clause),

F17...

[F18197Restrictions on use of landlord's break clause: breaches of statutory obligationsE+W

Schedule 9A imposes restrictions on the giving of notice under a landlord's break clause, related to breaches of certain statutory obligations.]

[F19198Restriction on use of landlord's break clause following retaliatory possession claimE+W

(1)Subsection (2) applies where—

(a)a landlord (having given a contract-holder a notice under a landlord's break clause) has made a possession claim on the ground in section 199, and

(b)the court has refused to make an order for possession because it considered the claim to be a retaliatory claim (see section 217).

(2)The landlord may not give another notice under a landlord's break clause to the contract-holder before the end of the period of six months starting with the day on which the court refused to make an order for possession.

(3)This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a landlord's break clause.]

199Recovery of possessionE+W

(1)If the landlord gives the contract-holder a notice under the landlord's break clause, the landlord may on that ground make a possession claim.

(2)Section 215 provides that if the court is satisfied that the ground is made out, it must make an order for possession of the dwelling, unless section 217 (retaliatory evictions) applies (and subject to any available defence based on the contract-holder's Convention rights).

(3)This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a landlord's break clause.

200Restriction on section 199E+W

(1)The landlord may not make a possession claim on the ground in section 199—

(a)before the date specified in the notice given by the landlord to the contract-holder under the landlord's break clause, or

(b)after the end of the period of two months starting with that date.

(2)This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a landlord's break clause.

201Termination of contract under landlord's break clauseE+W

(1)If the contract-holder gives up possession of the dwelling on or before the date specified in a notice under the landlord's break clause, the contract ends on the date specified in the notice.

(2)If the contract-holder gives up possession of the dwelling after that date but in connection with the notice, the contract ends—

(a)on the day on which the contract-holder gives up possession of the dwelling, or

(b)if an order for possession is made, on the date determined in accordance with section 206.

(3)The notice ceases to have effect if[F20—

(a) before the contract ends, and during the period of 28 days starting with the day on which the notice was given, the landlord withdraws the notice by giving further notice to the contract-holder, or

(b) before the contract ends, and after the end of the period of 28 days starting with the day on which the notice was given—

(i)the landlord withdraws the notice by giving further notice to the contract-holder, and

(ii)the contract-holder does not object to the withdrawal in writing before the end of a reasonable period.]

(4)This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a landlord's break clause.