Renting Homes (Wales) Act 2016, Cross Heading: Retaliatory eviction: absolute ground that becomes a discretionary ground is up to date with all changes known to be in force on or before 06 May 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(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.
Modifications etc. (not altering text)
C1Pt. 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 Information
I1S. 217 in force at 1.12.2022 by S.I. 2022/906, art. 2
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