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PART 9E+WTERMINATION ETC. OF OCCUPATION CONTRACTS

Modifications etc. (not altering text)

CHAPTER 7E+WTERMINATION OF FIXED TERM STANDARD CONTRACTS

Landlord's break clauseE+W

[F1198Restriction on use of landlord's break clause following retaliatory possession claimE+W

(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.]

Textual Amendments

Commencement Information

I1S. 198 in force at 1.12.2022 by S.I. 2022/906, art. 2