Termination of Tenancies for Tenant Default - Law Commission

(4) the default is a breach of covenant of a post-commencement tenancy,
and the tenancy makes express provision to the effect that the landlord
may not use the summary termination procedure on the ground of a
breach of that covenant;
(5) the default is a breach of covenant of a pre-commencement tenancy, and
there is no provision in the tenancy which would entitle the landlord to
forfeit the tenancy by peaceable re-entry on the ground of a breach of
that covenant.
8.56 We recommend that:
172
[Paragraph 7.110]
(1) where a landlord gives a tenant default notice specifying a tenant default,
he or she may not give a summary termination notice specifying that
default unless the tenant default notice is withdrawn, or any termination
claim made on the ground of the default is dismissed or abandoned;
(2) where a landlord makes a termination claim on the ground of a tenant
default without having given a tenant default notice specifying that default
(whether or not a dispensation order is made), he or she may not give a
summary termination notice specifying the same default unless the claim
is dismissed or abandoned;
(3) where a landlord gives a summary termination notice specifying a tenant
default, he or she may not give a tenant default notice specifying that
default unless the summary termination notice is withdrawn or a
discharge order has effect in relation to the default.
8.57 We recommend that:
[Paragraph 7.111]
(1) the effect of a discharge order is that the tenancy is not to be terminated
under the summary termination procedure on the ground of the tenant
default concerned;
(2) on application for a discharge order by the tenant or a person who has a
qualifying interest in the tenancy, the court must make the order unless
the landlord shows that:
(a) he or she is entitled to use the summary termination procedure
on the ground of the tenant default;
(b) the applicant would, on a termination claim made on the ground
of the default, have no realistic prospect of persuading the court
not to make a termination order; and
(c) there is no other reason why the matter should be disposed of by
way of trial of a termination claim;