Section 9 – Restriction on giving notice under section 173 and under a landlord’s break clause following retaliatory possession claim
51.Section 9(2) inserts new section 177A into the 2016 Act. The previous version of section 177A of the 2016 Act imposed a restriction on the giving of a section 173 notice when the landlord was in breach of certain provisions of the 2019 Act. Provision about this is now made in Schedule 9A to the 2016 Act.
52.The new section 177A provides for a further restriction on the giving of a notice under section 173.
53.It applies where a landlord makes a possession claim on the ground that they have given the contract-holder a section 173 notice (see section 178 of the 2016 Act) and the Court refuses to make a possession order because it thinks the claim is a “retaliatory claim”(see section 217 of the Act). Section 177A provides that the landlord cannot give the contract-holder another section 173 notice for a period of 6 months from the day on which the Court refused to make the order for possession.
54.Section 9(3) inserts new section 198 into the 2016 Act. The previous section 198 of the 2016 Act imposed a restriction on the giving of a notice under a landlord’s break clause where the landlord had failed to comply with the security and deposit requirements contained in the 2016 Act. Provision about this is now made in Schedule 9A to the 2016 Act.
55.The new section 198 imposes a further restriction on the giving of a notice under a landlord’s break clause, identical to that imposed by new section 177A in relation to section 173 notices (discussed above).
