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Section 177A Restriction on giving notice under section 173 following retaliatory possession claimC1F1I1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(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.

Annotations

Textual amendments

F1

S. 177A inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3), ss. 9(2), 19(3)

Modifications

C1

Pt. 9 excluded (1.12.2022) by 2004 c. 34, s. 33(c) (as inserted by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 28(2)(c))

Commencement

I1

S. 177A in force at 1.12.2022 by S.I. 2022/906, art. 2