Termination of Tenancies for Tenant Default - Law Commission

8.20 We recommend that:
(1) a tenant default notice must be given by the landlord to the tenant during
the “default period”;
(2) the default period is the period of six months beginning with the first day
on which the landlord first knew that the facts constituting the tenant
default had occurred or any day on which the landlord knew that facts
constituting the tenant default were continuing to occur;
(3) for the purposes of determining the start of the default period, a
landlord’s knowledge should include any fact of which his or her
employee has knowledge and is required to inform the landlord; and
(4) the landlord and tenant may agree, before the end of the default period,
to extend the default period. Such an agreement must be in writing or
evidenced by writing.
163
[Paragraph 4.31]
8.21 We recommend that, on an application by the landlord, the court should be able
to dispense with any of the requirements concerning tenant default notices if it
thinks it just and equitable to do so.
8.22 We recommend that the tenant default notice:
(1) must be in writing and in the prescribed form;
(2) must give particulars of the default (or defaults);
[Paragraph 4.34]
(3) must specify in respect of the default (or each default) any remedial
action the landlord requires the tenant to take and the day on or before
which the landlord requires the tenant to have completed the action;
(4) must specify the amount of the payment (so far as it can reasonably be
quantified) if the specified remedial action is or includes the making of a
payment; and
(5) must specify the period during which the landlord may make a
termination claim on the ground of the default.
8.23 We recommend that:
[Paragraph 4.57]
(1) the landlord may not make a termination claim on the ground of a tenant
default specified in a tenant default notice except during the period of six
months beginning with: