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.
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))