xmlns:atom="http://www.w3.org/2005/Atom"

PART 9TERMINATION ETC. OF OCCUPATION CONTRACTS

CHAPTER 11POSSESSION CLAIMS: POWERS OF COURT IN RELATION TO ABSOLUTE GROUNDS(THIS CHAPTER APPLIES ONLY TO SECURE CONTRACTS)

213Review of claim made on absolute ground

(1)This section applies if a landlord under a secure contract makes a possession claim in the county court on the ground in section 165 (contract-holder fails to give up possession following a contract-holder’s notice), and—

(a)the landlord is a community landlord, or

(b)the landlord’s decision to make a possession claim on that ground is subject to judicial review.

(2)The contract-holder may make an application in the possession proceedings for a review by the county court of the landlord’s decision to make the claim.

(3)The county court may confirm or quash the decision.

(4)In considering whether to confirm or quash the decision, the county court must apply the principles applied by the High Court on an application for judicial review.

(5)If the county court quashes the decision it may—

(a)set aside the possession notice and dismiss the possession proceedings;

(b)make any order the High Court could make when making a quashing order on an application for judicial review.

(6)The contract-holder may not make an application under subsection (2) after an order for possession has been made in respect of the dwelling.