Section 181 Serious rent arrearsC1I1
If the contract-holder under a periodic standard contract is F1seriously in arrears with his or her rent, the landlord may on that ground make a possession claim.
The contract-holder is seriously in arrears with his or her rent—
where the rental period is a week, a fortnight or four weeks, if at least eight weeks' rent is unpaid;
where the rental period is a month, if at least two months' rent is unpaid;
where the rental period is a quarter, if at least one quarter's rent is more than three months in arrears;
where the rental period is a year, if at least 25% of the rent is more than three months in arrears.
Section 216 provides that the court must (subject to any available defence based on the contract-holder's Convention rights) make an order for possession of the dwelling if it is satisfied that the contract-holder—
was seriously in arrears with his or her rent on the day on which the landlord gave the contract-holder the possession notice, and
is seriously in arrears with his or her rent on the day on which the court hears the possession claim.
This section is a fundamental provision which is incorporated as a term of all periodic standard contracts.
Annotations
Textual amendments
- F1
Words in s. 181(1) substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3), s. 19(3), Sch. 6 para. 16
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. 181 in force at 1.12.2022 by S.I. 2022/906, art. 2