Termination of Tenancies for Tenant Default - Law Commission

Reform recommendations
6.105 We recommend that the court should have the power to make, on
application by a person with a qualifying interest in the tenancy, 97 a transfer
order 98 or a new tenancy order. 99
6.106 We recommend that where a court makes a transfer order:
(1) it may order the transfer of the tenancy to the applicant, or a person
nominated by the applicant; 100
(2) it must specify the day on which the transfer is to be made. 101 That
day may not be after the end of the period of six weeks beginning
with the day on which the order is made, 102 unless the court is
satisfied that this would cause exceptional hardship in which case
the day may not be after the end of the period of twelve weeks
beginning with the day on which the order is made. 103
6.107 We recommend that:
(1) where the tenancy contains an absolute covenant not to assign the
demised premises, the court may not make a transfer order unless
the landlord consents; 104
(2) where the tenancy contains a qualified covenant not to assign the
demised premises without the landlord’s consent, the court may not
make a transfer order unless:
(a) the landlord consents; 105 or
(b) the court is satisfied that it would be unreasonable for the
landlord not to consent to the making of the order. 106
6.108 We recommend that where there is a charge on the tenant’s interest in the
demised premises, and the charge contains an absolute or qualified
covenant not to assign those premises, the court may not make a transfer
97 Draft Bill, cl 11(1).
98 Draft Bill, cl 9(2)(d).
99 Draft Bill, cl 9(2)(e).
100 Draft Bill, cl 10(6).
101 Draft Bill, cl 15(1).
102 Draft Bill, cl 15(2).
103 Draft Bill, cl 15(3).
104 Draft Bill, cl 11(3).
105 Draft Bill, cl 11(4)(a).
106 Draft Bill, cl 11(4)(b).
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