C1PART 9TERMINATION ETC. OF OCCUPATION CONTRACTS

Annotations:
Modifications etc. (not altering text)

C1CHAPTER 12POSSESSION CLAIMS: POWERS OF COURT IN RELATION TO ABSOLUTE GROUNDS

(THIS CHAPTER APPLIES ONLY TO STANDARD CONTRACTS)

Retaliatory eviction: absolute ground that becomes a discretionary ground

I1C1217C1Retaliatory possession claims to avoid obligations to repair etc.

1

This section applies if—

a

a landlord under a standard contract makes a possession claim on the ground in section 178 or section 199 (landlord's notice), and

b

the court considers that the claim is a retaliatory claim.

2

The court may refuse to make an order for possession.

3

A possession claim is a retaliatory claim if—

a

the contract-holder has enforced or relied on the landlord's obligations under section 91 or 92, and

b

the court is satisfied that the landlord has made the possession claim to avoid complying with those obligations.

4

The Welsh Ministers may by regulations amend this section for the purpose of providing for further descriptions of retaliatory claim.