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 216 – Serious rent arrears grounds
467.A court must make a possession order against a contract-holder who has a standard contract where it is satisfied that the serious rent arrears ground (section 181 (periodic standard contracts) or 187 (fixed term standard contracts)) has been met. That is, the contract-holder is in serious arrears on the date the landlord made the claim and on the date the possession claim is heard by the court. This is subject to any available defence based on the contract-holder’s human rights. In the case of certain landlords, the contract-holder may be able to seek a review of the landlord’s decision under section 218.