Section 198 Restriction on use of landlord's break clause following retaliatory possession claimC1I1F1
Subsection (2) applies where—
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
the court has refused to make an order for possession because it considered the claim to be a retaliatory claim (see section 217).
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.
This section is a fundamental provision which is incorporated as a term of all fixed term standard contracts with a landlord's break clause.
Annotations
Textual amendments
- F1
S. 198 substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3), ss. 9(3), 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. 198 in force at 1.12.2022 by S.I. 2022/906, art. 2