Termination of Tenancies for Tenant Default - Law Commission

(3) where the court dismisses an application for a discharge order, it may
order that on termination of the tenancy the landlord is entitled to
possession of the demised premises.
8.58 We recommend that:
173
[Paragraph 7.112]
(1) although the tenancy has terminated, the court may make such order in
connection with the tenancy as it thinks appropriate and proportionate;
(2) application for a post-termination order may be made by the person who
was tenant immediately before the tenancy came to an end, or by a
person who held a qualifying interest in the tenancy immediately before it
came to an end; and
(3) a post-termination order may require the grant of a new tenancy to the
applicant, or where a new tenancy has already been granted to a person
other than the applicant, the grant of an overriding lease to the applicant,
or require the making of a specified payment to the applicant, but it may
not make any provision the effect of which would be to undo the
termination of the tenancy or any interest derived from it.
[Paragraph 7.113]
8.59 We recommend that a post-termination order may not be made after the end of
the period of six months beginning with the day on which the tenancy came to an
end.
STEVE HUMPHREYS, Chief Executive
4 October 2006
[Paragraph 7.114]
(Signed) TERENCE ETHERTON, Chairman
HUGH BEALE
STUART BRIDGE
JEREMY HORDER
KENNETH PARKER