Renting Homes: The Final Report - Law Commission

(3) contract-holder’s notice; 17
(4) landlord’s notice; 18
(5) landlord’s notice in connection with the end of a fixed term; and
(6) serious rent arrears. 19
5.10 Any order for possession of premises subject to an occupation contract must be
made on one or more of these grounds. 20 The court cannot make an order for
possession on a ground not specified in the original possession notice, 21 though
the court may allow the ground(s) specified in that notice to be altered or added
to at any time before the court makes the possession order. 22
Special conditions
5.11 Each of the six grounds for possession has special conditions attached to them.
Breach of contract
5.12 A court may not make an order for possession on the ground of breach of the
contract unless it considers that it is reasonable to do so. 23 This retains the key
feature of the present law, judicial discretion, though in future the discretion will
be structured. 24
5.13 It is often assumed that if a person is not in breach at the time of any hearing, the
court will not make an order for possession. While this may be the practice of
some judges, we do not think this should be regarded as, effectively, a rule of
law. To counter this suggestion, the Bill specifically provides that the court has
power to make an order even though the contract-holder ceased to be in breach
before the landlord made the possession claim. 25 This is designed to deal, for
example, with the person who frequently pays the rent late, thus imposing
additional burdens on the landlord, but who always pays in the end.
17 Cl 168.
18 Cl 175.
19 Cl 187.
20 Cl 192(1).
21 Cl 192(2).
22 Cl 192(3).
23 Cl 199(2).
24 Cl 199(4) and sch 7; see below, at paras 5.31 to 5.42.
25 Cl 199(3).
90