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Renting Homes (Amendment) (Wales) Act 2021
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9Restriction on giving notice under section 173 and under landlord’s break clause following retaliatory possession claim
This section has no associated Explanatory Notes
(1)The 2016 Act is amended as follows.
(2)After section 177 (inserted by section 7) insert—
“177ARestriction on giving notice under section 173 following retaliatory possession claim
(1)Subsection (2) applies where—
(a)a landlord (having given a contract-holder a notice under section 173) has made a possession claim on the ground in section 178, and
(b)the court has refused to make an order for possession because it considered the claim to be a retaliatory claim (see section 217).
(2)The landlord may not give another notice under section 173 to the contract-holder before the end of the period of six months starting with the day on which the court refused to make an order for possession.
(3)This section is a fundamental provision which is incorporated as a term of all periodic standard contracts which incorporate section 173 as a term of the contract.”
(3)For section 198 of the 2016 Act (restrictions on giving notice under landlord’s break clause: security and deposit requirements) substitute—
“198Restriction on use of landlord’s break clause following retaliatory possession claim
(1)Subsection (2) applies where—
(a)a landlord (having given a contract-holder a notice under a landlord’s break clause) has made a possession claim on the ground in section 199, and
(b)the court has refused to make an order for possession because it considered the claim to be a retaliatory claim (see section 217).
(2)The landlord may not give another notice under a landlord’s break clause to the contract-holder before the end of the period of six months starting with the day on which the court refused to make an order for possession.
(3)This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a landlord’s break clause.”
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