Termination by landlord: serious rent arrearsE+W
187Serious rent arrearsE+W
(1)If the contract-holder under a fixed term standard contract is seriously in arrears with his or her rent, the landlord may on that ground make a possession claim.
(2)The contract-holder is seriously in arrears with his or her rent—
(a)where the rental period is a week, a fortnight or four weeks, if at least eight weeks' rent is unpaid;
(b)where the rental period is a month, if at least two months' rent is unpaid;
(c)where the rental period is a quarter, if at least one quarter's rent is more than three months in arrears;
(d)where the rental period is a year, if at least 25% of the rent is more than three months in arrears.
(3)Section 216 provides that the court must (subject to any available defence based on the contract-holder's Convention rights) make an order for possession of the dwelling if it is satisfied that the contract-holder—
(a)was seriously in arrears with his or her rent on the day on which the landlord gave the contract-holder the possession notice, and
(b)is seriously in arrears with his or her rent on the day on which the court hears the possession claim.
(4)This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts.
Modifications etc. (not altering text)
C1Pt. 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))
Commencement Information
I1S. 187 in force at 1.12.2022 by S.I. 2022/906, art. 2
188Restrictions on section 187E+W
(1)Before making a possession claim on the ground in section 187, the landlord must give the contract-holder a possession notice specifying that ground.
(2)The landlord may not make the claim—
(a)before the end of the period of 14 days starting with the day on which the landlord gives the contract-holder the possession notice, or
(b)after the end of the period of six months starting with that day.
(3)This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts.
Commencement Information
I2S. 188 in force at 1.12.2022 by S.I. 2022/906, art. 2