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 215 – Notice grounds
465.Where a landlord has made a possession claim under the term of the contract incorporating section 170 or 191 (which, respectively, concern failure to give up possession after giving a contract-holder’s notice under a periodic standard contract or a fixed term standard contract), or section 186 (notice in connection with the end of a fixed term standard contract), the court must make a possession order, subject to any available defence based on the contract-holder’s human rights.
466.The court must also make an order for possession where the landlord has made a possession claim under the term of the contract incorporating section 178 or 199 (which apply, respectively, to a landlord’s notice under a periodic standard contract or a fixed term standard contract). This is subject to any available defence based on the contract-holder’s human rights, and to section 217 (retaliatory evictions). In the case of certain landlords, the contract-holder may, under section 218, be able to seek a review of the landlord’s decision to make the possession claim.