Renting Homes: The Final Report - Law Commission

(1) Where, wholly or partly relying on ground G, 66 the landlord seeks
possession against a contract-holder who is a successor, the relevant
circumstances also include:
(a) the age of the contract-holder;
(b) the period during which that person occupied the premises as
their only or principal home; and
(c) any financial support given by the contract-holder to their
predecessor. 67
(2) Where, wholly or partly relying on ground H, 68 the landlord seeks
possession following the departure of a joint contract-holder, the relevant
circumstances include:
(a) the age of the remaining contract-holder(s); and
(b) the period during which the remaining joint contract-holder or
holders occupied the premises as their only or principal home. 69
RENT ARREARS CASES
5.43 Although not, perhaps, strictly dealing with claims for possession, this is the
appropriate place to consider other powers of the court in relation to rent arrears
cases.
Abolition of distress for rent
5.44 Following an earlier Report from the Law Commission, 70 we recommend that
where premises are subject to an occupation contract, no distress for the rent
may be levied. However, this does not apply to distress levied under County
Courts Act 1984 section 102. 71
Pilot schemes
5.45 The Bill gives the Secretary of State power to establish pilot schemes in relation
to rent cases. 72 The scheme may consist of:
(1) a new action for the recovery of rent arrears – the rent arrears claim;
66 See above, at para 4.82(1).
67 Sch 7 para 11.
68 See above, at para 4.82(2).
69 Sch 7 para 12.
70 Distress for Rent (1991) Law Com No 194.
71 Cl 70. This deals with claims for rent where goods are seized in execution.
72 Cls 206(1) and (2). Rent cases are those where the landlord is only relying on the breach
of contract ground, and the only breach is failure to pay the rent. The case is also a rent
case if, but for the pilot scheme, the landlord could have made a possession claim:
cl 206(3). The power to implement the scheme is in cl 207. This includes, subject to
consultation with the National Assembly for Wales, power to extend a pilot scheme to
courts in Wales.
97