C1PART 9TERMINATION ETC. OF OCCUPATION CONTRACTS
C1CHAPTER 1OVERVIEW AND INTRODUCTORY PROVISIONS
Overview
I1C1147C1Overview of Part
The following table provides an overview of this Part—
CHAPTER | OCCUPATION CONTRACTS TO WHICH IT APPLIES | CONTENT OF CHAPTER |
---|---|---|
1 | All occupation contracts (except section 151, which applies only to introductory standard contracts and prohibited conduct standard contracts) |
|
2 | All occupation contracts | Certain circumstances in which occupation contracts can end without a possession claim. |
3 | All occupation contracts | Landlords' possession claims on—
|
4 | Secure contracts | Contract-holder's right to end the contract. |
5 | Periodic standard contracts |
|
6 and 7 | Fixed term standard contracts |
|
8 | Introductory standard contracts and prohibited conduct standard contracts | Review by landlord, when required by contract-holder, of landlord's decision to give a notice requiring possession on certain grounds. |
9 and 10 | All occupation contracts |
|
11 | Secure contracts | Powers and duties of court in relation to possession claims concerning a contract-holder's notice. |
12 | Standard contracts | Powers and duties of court in relation to possession claims concerning absolute grounds for possession. |
13 to 15 | All occupation contracts |
|
Permissible termination, possession claims and notices requiring possession
I2C1148C1Permissible termination etc.
1
An occupation contract may be ended only in accordance with—
a
the fundamental terms of the contract which incorporate fundamental provisions set out in this Part or other terms included in the contract in accordance with this Part, or
b
an enactment.
2
Nothing in this section affects—
a
any right of the landlord or contract-holder to rescind the contract, or
b
the operation of the law of frustration.
3
This section is a fundamental provision which is incorporated as a term of all occupation contracts; section 20 provides that this section—
a
must be incorporated, and
b
must not be incorporated with modifications.
I3C1149C1Possession claims
1
The landlord under an occupation contract may make a claim to the court for recovery of possession of the dwelling from the contract-holder (“a possession claim”) only in the circumstances set out in Chapters 3 to 5 and 7.
2
This section is a fundamental provision which is incorporated as a term of all occupation contracts; section 20 provides that this section—
a
must be incorporated, and
b
must not be incorporated with modifications.
I4C1150C1Possession notices
1
This section applies in relation to a possession notice which a landlord is required to give to a contract-holder F1under any of the following sections before making a possession claimF3—
a
section 159 (in relation to a breach of contract by a contract-holder);
b
section 161 (in relation to estate management grounds);
c
section 166, 171 or 192 (in relation to a contract-holder's notice);
d
section 182 or 188 (in relation to serious rent arrears under a standard contract).
2
The notice must (in addition to specifying the ground on which the claim will be made)—
a
state the landlord's intention to make a possession claim,
b
give particulars of the ground, and
c
state the date after which the landlord is able to make a possession claim.
3
This section is a fundamental provision which is incorporated as a term of all occupation contracts.
Notices requiring possession: introductory standard contracts and prohibited conduct standard contracts
I5C1151C1Introductory standard contracts and prohibited conduct standard contracts: notices under sections 173 and 181
1
Subsection (2) applies in relation to—
a
a notice given under section 173 (landlord's notice) in connection with an introductory standard contract or a prohibited conduct standard contract;
b
a possession notice given under section 181 (serious rent arrears) in connection with an introductory standard contract or a prohibited conduct standard contract.
2
The notice must (in addition to complying with any other requirements under this Act) inform the contract-holder of the right to apply for a review under section 202 (review by landlord), and of the time by which the application must be made.
3
This section is a fundamental provision which is incorporated as a term of all introductory standard contracts and prohibited conduct 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))