Section 217 Retaliatory possession claims to avoid obligations to repair etc.C1 I1

(1)

This section applies if—

(a)

a landlord under a standard contract makes a possession claim on the ground in section 178 or section 199 (landlord's notice), and

(b)

the court considers that the claim is a retaliatory claim.

(2)

The court may refuse to make an order for possession.

(3)

A possession claim is a retaliatory claim if—

(a)

the contract-holder has enforced or relied on the landlord's obligations under section 91 or 92, and

(b)

the court is satisfied that the landlord has made the possession claim to avoid complying with those obligations.

(4)

The Welsh Ministers may by regulations amend this section for the purpose of providing for further descriptions of retaliatory claim.

Annotations

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))