Renting Homes (Wales) Act 2016 (anaw1)

PART 9 E+W TERMINATION ETC. OF OCCUPATION CONTRACTS

Modifications etc. (not altering text)

C1 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))

CHAPTER 10 E+W POSSESSION CLAIMS: POWERS OF COURT IN RELATION TO DISCRETIONARY GROUNDS(THIS CHAPTER APPLIES TO ALL OCCUPATION CONTRACTS)

211 Powers to adjourn proceedings and postpone giving up of possession E+W

(1) If a landlord's possession claim relies on the ground in section 157 (breach of contract) or on one or more of the estate management grounds, the court may adjourn proceedings on the claim for such period or periods as it considers reasonable.

(2) If the court makes an order for possession under section 209 or 210, it may (on making the order or at any time before the order is executed) postpone the giving up of possession for such period or periods as it thinks fit.

(3) The giving up of possession may be postponed by the order for possession, or by suspending or staying execution of the order for possession.

(4) On an adjournment or postponement under this section, the court must impose conditions as regards—

(a) payment by the contract-holder of arrears of rent (if any), and

(b) continued payment of rent (if any),

unless it considers that to do so would cause exceptional hardship to the contract-holder or would otherwise be unreasonable.

(5) The court may impose any other conditions it thinks fit.

(6) If the contract-holder complies with the conditions, the court may discharge the order for possession.

(7) Schedule 10 makes provision as regards the reasonableness of an adjournment or postponement.

Commencement Information

I1 S. 211 in force at 1.12.2022 by S.I. 2022/906, art. 2