Termination of Tenancies for Tenant Default - Law Commission

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Landlord and Tenant (Termination of Tenancies) Bill
(2) A covenant of a post-commencement tenancy is excepted if the tenancy makes
express provision to that effect.
(3) A covenant of a pre-commencement tenancy is excepted if there is no provision
of the tenancy or implied right which would, but for section 1, entitle the
landlord to forfeit the tenancy on the ground of a breach of the covenant.
(4) Schedule 2 makes further provision about tenant default.
3 Termination action
(1) Taking termination action in respect of a tenant default means making a
termination claim, or using the summary termination procedure, on the
ground of the default.
(2) Making a termination claim on the ground of a tenant default means making a
claim to the court for a termination order on the ground of the default.
(3) Using the summary termination procedure on the ground of a tenant default
means giving and delivering summary termination notices on the ground of
the default in order to secure the termination of the tenancy under section 22
on the ground of that default.
(4) A termination claim may include a claim for possession of the demised
premises on the termination of the tenancy.
(5) Termination action in respect of a tenant default is of no effect unless taken—
(a) by the appropriate landlord, and
(b) in accordance with this Act (and any other enactment which makes
provision about taking termination action in respect of a tenant
default).
(6) The appropriate landlord, in relation to a tenant default, is the person who—
(a) is the landlord under the tenancy, and
(b) has the right to enforce the covenant to which the default relates.
(7) In sections 4 to 26 and Schedule 4, a reference to the landlord is to the
appropriate landlord.
4 Tenant default notice
Termination claim
(1) The landlord may not make a termination claim on the ground of a tenant
default unless during the default period he—
(a) gives the tenant a tenant default notice specifying the default,
(b) gives every person who has an interest in the tenancy which is a
qualifying interest of which the landlord has knowledge a tenant
default notice specifying the default, and
(c) delivers to the demised premises a tenant default notice specifying the
default and addressed to “the occupier”.
(2) A tenant default notice is a notice which—
(a) is in writing and in the prescribed form,
(b) complies with section 6, and
(c) contains such further information as may be prescribed.
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