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)

Estate management grounds
210
1
This section applies if the landlord under an occupation contract makes a possession claim under section 160 on one or more of the estate management grounds.
2
The court may not make an order for possession on that ground (or those grounds) unless—
a
it considers it reasonable to do so, and
b
it is satisfied that suitable alternative accommodation is available to the contract-holder (or will be available to the contract-holder when the order takes effect).
3
Schedule 10 makes provision as regards the reasonableness of making an order for possession.
4
Whether suitable alternative accommodation is, or will be, available to the contract-holder is to be determined in accordance with Schedule 11.
5
If the landlord makes a possession claim on estate management Ground B and the redevelopment scheme is approved under Part 2 of Schedule 8 subject to conditions, the court may not make an order for possession unless it is satisfied that the conditions are or will be met.
6
If the court makes an order for possession and the landlord is required to pay the contract-holder a sum under section 160(4), the sum payable—
a
if not agreed between the landlord and contract-holder, is to be determined by the court, and
b
is recoverable from the landlord as a civil debt.
Pt. 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))
S. 210 in force at 1.12.2022 by S.I. 2022/906, art. 2