Section 217: Retaliatory possession claims to avoid obligations to repair etc.

Renting Homes (Wales) Act 2016 · 2016 c.1

Part 9: TERMINATION ETC. OF OCCUPATION CONTRACTS — CHAPTER 12: POSSESSION CLAIMS: POWERS OF COURT IN RELATION TO ABSOLUTE GROUNDS(THIS CHAPTER APPLIES ONLY TO STANDARD CONTRACTS)

217(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.

217(2)

The court may refuse to make an order for possession.

217(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.

217(4)

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

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.