Explanatory Notes

Renting Homes (Wales) Act 2016

1

18 January 2016

Commentary on Sections

Part 9 - Termination Etc. of Occupation Contracts

Chapter 10 – Possession Claims: Powers of Court in Relation to Discretionary Grounds.(This Chapter Applies to All Occupation Contracts)
Section 211 – Powers to adjourn proceedings and postpone giving up of possession

459.The court may adjourn possession proceedings made on the ground in section 157 (breach of contract) or on an estate management ground (see section 160) for such period or periods as it considers reasonable. Where the court makes a possession order under section 209 (breach of contract) or section 210 (estate management grounds), it may suspend the giving up of possession for such period or periods as it thinks fit.

460.Where under this section the court has adjourned proceedings or postponed the giving up of possession, it must impose conditions on the contract-holder in relation to any rent arrears and the continued payment of any rent until the proceedings are concluded, unless it considers that to do so would cause exceptional hardship to the contract-holder or be unreasonable in any other way.

461.The court may impose any other conditions that it thinks appropriate and can discharge the order for possession against the contract-holder if it considers that the required conditions have been met. The circumstances set out in Schedule 10 (addressed above) must be considered by the court, so far as it thinks them relevant, when making a decision on whether to adjourn proceedings or postpone the giving up of possession.