Termination of Tenancies for Tenant Default - Law Commission

Landlord and Tenant (Termination of Tenancies) Bill 5
(a) must specify the day on or before which the applicant is to be entitled
to make a termination claim on the ground of a tenant default to which
the order relates;
(b) may provide that the applicant is to be taken to have complied with
sections 6 and 7 to the extent specified.
(6) Accordingly, sections 4, 6 and 7, in their application to any tenant default to
which a dispensation order relates, have effect subject to the order.
9 The court’s power
(1) Where the court is satisfied on a termination claim made on the ground of a
tenant default that the default has occurred, it may make such order on the
ground of the default as it thinks would be appropriate and proportionate.
(2) It may, in particular, make—
(a) a termination order,
(b) a remedial order,
(c) an order for sale,
(d) a transfer order,
(e) a new tenancy order, or
(f) a joint tenancy adjustment order.
(3) But before making an order (or deciding to make no order) under this section,
the court must take into account—
(a) the conduct of the landlord and of the tenant and, where there is an
application by a person who has a qualifying interest in the tenancy, of
that person,
(b) the nature and terms of any qualifying interest in the tenancy and the
circumstances in which it was granted,
(c) the extent to which action to remedy the default can be taken or has
been taken,
(d) where the tenant default notice specifying the default specifies
remedial action for the purposes of subsection (2) of section 6, the
deadline specified for the purposes of that subsection and the extent to
which it was reasonable,
(e) the extent to which the tenant has complied, or would be likely to
comply, with any remedial order made in respect of the default,
(f) any other remedy available to the landlord in respect of the default, and
(g) any other matter which the court thinks relevant.
(4) An order under this section may require—
(a) the making of a specified payment, or
(b) the provision of specified security.
(5) An order under this section may direct a person to execute a conveyance,
contract or other document.
(6) Where a county court makes an order under this section, section 39 of the
Supreme Court Act 1981 (c. 54) (execution of instrument by person nominated
by court) applies in relation to the order; and for that purpose any reference in
that section to the High Court is to be read as a reference to the county court.
(7) Section 9 of the Law of Property Act 1925 (c. 20) (vesting order, etc. to operate
as conveyance) does not apply to an order under this section.
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