(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.