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 12 E+W POSSESSION CLAIMS: POWERS OF COURT IN RELATION TO ABSOLUTE GROUNDS(THIS CHAPTER APPLIES ONLY TO STANDARD CONTRACTS)

Absolute grounds for possession relating to standard contracts E+W

216 Serious rent arrears grounds E+W

(1) This section applies if the landlord under a standard contract makes a possession claim on the ground in section 181 or 187 (serious rent arrears).

(2) If the court 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 a possession notice, and

(b) is seriously in arrears with his or her rent on the day on which the court hears the possession claim,

it must make an order for possession of the dwelling (subject to any available defence based on the contract-holder's Convention rights).

(3) Section 181(2) or (as the case may be) section 187(2) applies for determining whether a contract-holder is seriously in arrears with his or her rent.

(4) This section is subject to section 218 (review by the county court).

Commencement Information

I1 S. 216 in force at 1.12.2022 by S.I. 2022/906, art. 2