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Section 198 Restriction on use of landlord's break clause following retaliatory possession claimC1I1F1

(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.

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