Commentary on Sections 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) Section 217 – Retaliatory possession claims to avoid obligations to repair etc.
468.Where a landlord has given a landlord’s notice and makes a possession claim under the term of the contract incorporating section 178 (periodic standard contracts) or section 199 (fixed term standard contracts), the court may choose not to make a possession order if it considers the claim to be a retaliatory claim; that is, the possession claim has been made by the landlord to avoid their obligations relating to repair of the dwelling and keeping it fit for human habitation under the terms of the occupation contract incorporating sections 91 and 92. Note that this provision effectively does not apply in relation to a fixed term standard contract for a term of seven years or more, as sections 91 and 92 are not automatically incorporated into such contracts.
469.Subsection (4) provides a power for the Welsh Ministers to make regulations amending the section in order to provide for further descriptions of retaliatory claim.