C1PART 9TERMINATION ETC. OF OCCUPATION CONTRACTS
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.
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))