Renting Homes (Wales) Act 2016

65 Extended possession order against sub-holder E+W

(1) This section applies if—

(a) the contract-holder (“C”) under an occupation contract (“the head contract”) enters into a sub-occupation contract in accordance with the head contract, and

(b) after the sub-occupation contract is entered into, C's landlord makes a possession claim against C.

(2) In the proceedings on the claim against C, C's landlord may apply for an order for possession against the sub-holder (“S”) (an “extended possession order”); but an application under this subsection may be made only if—

(a) the requirements set out in subsection (3) have been met, or

(b) the court considers it reasonable to dispense with those requirements.

(3) The requirements are as follows—

(a) C's landlord must have given S a [F1 notice in accordance with section 64(2)], and

(b) at the same time, C's landlord must have given S notice—

(i) of C's landlord's intention to apply for an extended possession order in the proceedings on the claim against C, and

(ii) of S's right to be a party to proceedings on the possession claim against C.

(4) Where C's landlord may apply for an extended possession order against S, S is entitled to be a party to proceedings on the possession claim against C (regardless of whether C's landlord makes an application for an extended possession order in the proceedings).

(5) The court may consider C's landlord's application for an extended possession order only if it has decided to make an order for possession against C.

(6) The court may make an extended possession order against S only if, had C made a possession claim against S, the court would have made an order for possession against S.

Textual Amendments

F1 Words in s. 65(3)(a) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3), s. 19(3), Sch. 6 para. 8

Commencement Information

I1 S. 65 in force at 1.12.2022 by S.I. 2022/906, art. 2