xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
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))
(1)This section applies if a landlord under a secure contract makes a possession claim in the county court on the ground in section 165 (contract-holder fails to give up possession following a contract-holder's notice), and—
(a)the landlord is a community landlord, or
(b)the landlord's decision to make a possession claim on that ground is subject to judicial review.
(2)The contract-holder may make an application in the possession proceedings for a review by the county court of the landlord's decision to make the claim.
(3)The county court may confirm or quash the decision.
(4)In considering whether to confirm or quash the decision, the county court must apply the principles applied by the High Court on an application for judicial review.
(5)If the county court quashes the decision it may—
(a)set aside the possession notice and dismiss the possession proceedings;
(b)make any order the High Court could make when making a quashing order on an application for judicial review.
(6)The contract-holder may not make an application under subsection (2) after an order for possession has been made in respect of the dwelling.
Commencement Information
I1S. 213 in force at 1.12.2022 by S.I. 2022/906, art. 2