Termination of Tenancies for Tenant Default - Law Commission

Landlord and Tenant (Termination of Tenancies) Bill 7
demised premises, the court may not make an order for sale or a transfer order
unless the person who has the charge consents to the making of the order.
(7) “Charge” has the meaning given in section 132(1) of the Land Registration Act
2002 (c. 9).
(8) Schedule 4 makes provision about covenants to put or keep premises in repair.
12 Termination order
(1) If the court makes a termination order, the order must specify the day on which
the tenancy is to come to an end (“the termination day”).
(2) The termination day may not be after the end of the period of six weeks
beginning with the day on which the order is made.
(3) But if the court is satisfied that there would be exceptional hardship were the
tenancy to come to an end before the end of that period, the termination day—
(a) may be after the end of that period, but
(b) may not be after the end of the period of twelve weeks beginning with
the day on which the order is made.
(4) Where a termination order has effect, the tenancy comes to an end at the end
of the termination day.
(5) But if at the end of that day the disposal of an appeal in relation to the order is
pending, the tenancy continues to have effect pending the disposal of—
(a) that appeal, and
(b) any subsequent appeal in relation to the order.
(6) The order may provide—
(a) that on the termination of the tenancy the landlord is entitled to
possession of the demised premises;
(b) (in reliance on section 9(4)) that, pending recovery of possession of the
premises by the landlord, the tenant is to make a specified payment to
him.
(7) Where a tenancy comes to an end as a result of this section, any interest derived
from the tenancy comes to an end simultaneously with it.
(8) But subsection (7) is subject to—
(a) section 137 of the Rent Act 1977 (c. 42) (rights of protected or statutory
tenant on termination of superior tenancy), and
(b) section 18 of the Housing Act 1988 (c. 50) (continuation of assured
tenancy despite termination of superior tenancy).
(9) A reference to the landlord is to the person who would have been the landlord
had the tenancy not come to an end and a reference to the tenant is to the
person who was the tenant immediately before the tenancy came to an end.
(10) A reference to the disposal of an appeal in relation to a termination order
includes the expiry of any period during which, as a result of an order of a
court, the tenant is entitled to bring the appeal.
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