Commentary on Sections Part 9 - Termination Etc. of Occupation Contracts Chapter 3 - Termination of All Occupation Contracts (Possession Claims by Landlords) Section 159 – Restrictions on section 157
368.This provides that a landlord, before making a possession claim under the term of the contract incorporating section 157, must give the contract-holder a possession notice setting out that ground. Subsection (2) provides that where the landlord relies on a breach of the prohibited conduct ground (which is addressed in section 55), the landlord may make a claim on the day the notice is given to the contract-holder. Subsection (3) provides that in the case of other breaches, the landlord may not make the claim less than one month after the date the landlord gave notice. Subsection (4) provides that any possession claim relating to a contract-holder’s breach of contract must be made within 6 months of the date of the landlord giving the notice.