Giving and withdrawing landlord’s notice

Restriction on giving notice under section 173 and under landlord’s break clause following retaliatory possession claim
9
1
The 2016 Act is amended as follows.
2
After section 177 (inserted by section 7) insert—

Restriction on giving notice under section 173 following retaliatory possession claim
177A
1
Subsection (2) applies where—
a
a landlord (having given a contract-holder a notice under section 173) has made a possession claim on the ground in section 178, and
b
the court has refused to make an order for possession because it considered the claim to be a retaliatory claim (see section 217).
2
The landlord may not give another notice under section 173 to the contract-holder before the end of the period of six months starting with the day on which the court refused to make an order for possession.
3
This section is a fundamental provision which is incorporated as a term of all periodic standard contracts which incorporate section 173 as a term of the contract.
3
For section 198 of the 2016 Act (restrictions on giving notice under landlord’s break clause: security and deposit requirements) substitute—

Restriction on use of landlord’s break clause following retaliatory possession claim
198
1
Subsection (2) applies where—
a
a landlord (having given a contract-holder a notice under a landlord’s break clause) has made a possession claim on the ground in section 199, and
b
the court has refused to make an order for possession because it considered the claim to be a retaliatory claim (see section 217).
2
The landlord may not give another notice under a landlord’s break clause to the contract-holder before the end of the period of six months starting with the day on which the court refused to make an order for possession.
3
This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a landlord’s break clause.