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PART 9TERMINATION ETC. OF OCCUPATION CONTRACTS

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

Retaliatory eviction: absolute ground that becomes a discretionary ground

217Retaliatory possession claims to avoid obligations to repair etc.

(1)This section applies if—

(a)a landlord under a standard contract makes a possession claim on the ground in section 178 or section 199 (landlord’s notice), and

(b)the court considers that the claim is a retaliatory claim.

(2)The court may refuse to make an order for possession.

(3)A possession claim is a retaliatory claim if—

(a)the contract-holder has enforced or relied on the landlord’s obligations under section 91 or 92, and

(b)the court is satisfied that the landlord has made the possession claim to avoid complying with those obligations.

(4)The Welsh Ministers may by regulations amend this section for the purpose of providing for further descriptions of retaliatory claim.