PART 9

TERMINATION ETC. OF OCCUPATION CONTRACTS
CHAPTER 12

POSSESSION CLAIMS: POWERS OF COURT IN RELATION TO ABSOLUTE GROUNDS

(THIS CHAPTER APPLIES ONLY TO STANDARD CONTRACTS)

Review and postponement

Review of claim made on absolute ground
218
1
This section applies if a landlord under a standard contract makes a possession claim in the county court on a ground in a section to which subsection (2) applies, and—
a
the landlord is a community landlord, or
b
the landlord’s decision to make a possession claim on that ground is subject to judicial review.
2
This subsection applies to the following sections—
a
section 170 (contract-holder’s notice: periodic standard contracts),
b
section 178 (landlord’s notice: periodic standard contracts),
c
section 181 (serious rent arrears: periodic standard contracts),
d
section 186 (landlord’s notice in connection with end of fixed term),
e
section 187 (serious rent arrears: fixed term standard contracts),
f
section 191 (contract-holder’s notice: fixed term standard contracts), and
g
section 199 (landlord’s notice: fixed term standard contracts).
3
The contract-holder may make an application in the possession proceedings for a review by the county court of the landlord’s decision to make the claim.
4
The contract-holder may make an application under this section regardless of whether he or she requested a review by the landlord under section 202 (introductory standard contracts and prohibited conduct standard contracts).
5
The contract-holder may not make an application under this section on the ground that the possession claim was a retaliatory claim (within the meaning of section 217).
6
The county court may confirm or quash the decision to make the claim.
7
In considering whether to confirm or quash the decision, the county court must apply the principles applied by the High Court on an application for judicial review.
8
If the county court quashes the decision it may—
a
set aside the possession notice or (as the case may be) the landlord’s notice and dismiss the possession proceedings;
b
make any order the High Court could make when making a quashing order on an application for judicial review.
9
The contract-holder may not make an application under subsection (3) after an order for possession has been made in respect of the dwelling.