Termination of Tenancies for Tenant Default - Law Commission

order unless the person who holds the charge consents to the making of
the order. 107
6.109 We recommend that where a court makes a transfer order:
(1) it may direct a person to execute a conveyance, contract or other
document on a subsequent day; 108
(2) the order may provide that it is itself to operate so as to transfer the
tenant’s interest, and where the order makes provision to that
effect, the tenancy is transferred by virtue of the order. 109
6.110 We recommend that where a court makes a new tenancy order: 110
(1) it may direct a person to execute a conveyance, contract or other
document on a subsequent day; 111
(2) the order may provide that it is itself to operate so as to grant the
new tenancy, and where the order makes provision to that effect,
the new tenancy is granted by virtue of the order; 112
(3) the order has effect as a termination order in relation to the
tenancy, 113 the new tenancy beginning immediately after the current
tenancy comes to an end; 114
(4) the terms of the new tenancy are to be such as the landlord and the
applicant agree and, to the extent that there is no agreement, such
as the court determines; 115 and
(5) the court may, on an application by a person who has a qualifying
interest in the current tenancy, require the new tenant to grant the
applicant an interest from the new tenancy which, so far as
practicable, corresponds to that interest. 116
Joint holders of qualifying interests
6.111 In Part 5, 117 we described how the law regards joint tenants as, collectively, the
tenant, and that under the current law all joint tenants must seek relief from
107 Draft Bill, cl 11(6).
108 Draft Bill, cl 9(5).
109 Draft Bill, cl 15(4).
110 Draft Bill, cl 10(8).
111 Draft Bill, cl 9(5).
112 Draft Bill, cl 16(3).
113 Draft Bill, cl 16(1)(a).
114 Draft Bill, cl 16(1)(b).
115 Draft Bill, cl 16(2).
116 Draft Bill, cl 16(4).
117 Para 5.73.
128