Commentary on Sections Part 9 - Termination Etc. of Occupation Contracts Schedule 9 – Standard contracts to which limits in sections 175, 185(2) and 196 (landlord’s notice during first six months of occupation) do not apply Section 181 - Serious rent arrears
415.Where the contract-holder has fallen into ’serious rent arrears’ the landlord may make a possession claim to the court on this ground. ‘Serious rent arrears’ is defined in subsection (2); for example, it arises where there is at least two months’ unpaid rent where rent is payable monthly, or eight weeks’ unpaid rent where rent is payable weekly.
416.Subject to any available defence based on the contract-holder’s human rights, the court must make a possession order if it is satisfied the contract-holder was in serious rent arrears at the time the possession notice was given and also when the possession claim is heard by the court (see section 216).