Commentary on Sections Part 9 - Termination Etc. of Occupation Contracts Chapter 9 - Possession Claims: Powers of Court.(This Chapter Applies to All Occupation Contracts) Section 204 – Possession claims
443.Section 204 provides that the court may not consider a possession claim where the landlord has not complied with any relevant provision set out in subsection (1). Subsection (1)(a) sets out sections of the Act which impose specific requirements or restrictions relating to possession claims. Subsection (1)(b) sets out the general requirement for possession notices to comply with section 150, and section 151 in the case of introductory standard contracts or prohibited conduct standard contracts. Subsection (2) provides that the court may dispense with these requirements if it considers it is reasonable to do so.
444.Under subsection (3), subsection (1) does not apply to an application by the landlord, where there is a sub-occupation contract, for an ‘extended possession order’ against a sub-holder under section 65(2) (that is, an order which requires that a contract-holder and a sub-holder give up possession).