Termination of Tenancies for Tenant Default - Law Commission

Landlord and Tenant (Termination of Tenancies) Bill 11
20 Contents of notice
(1) A summary termination notice must give particulars of the default (or
defaults).
(2) The notice must set out in the prescribed form of words the effect of section
22(1) and (2).
(3) The notice must set out the prescribed particulars of every interest in the
tenancy which is a qualifying interest of which the landlord has knowledge.
(4) Section 26(2) (costs) makes further provision about the contents of the notice.
21 Restrictions on giving notice
(1) The landlord may not give or deliver a summary termination notice on the
ground of a tenant default in any of the following five cases.
(2) The first case is where a person is lawfully residing in the whole or part of the
demised premises.
(3) The second case is where the unexpired term of the tenancy exceeds 25 years.
(4) The third case is where—
(a) the default is a breach of a covenant to put or keep the whole or part of
the demised premises in repair,
(b) the tenancy was granted for a term of seven years or more, and
(c) the unexpired term of the tenancy is three years or more.
(5) But subsection (4) does not apply where the tenancy is an agricultural tenancy.
(6) The fourth case is where—
(a) the default is a breach of a covenant of a post-commencement tenancy,
and
(b) 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 the covenant.
(7) The fifth case is where—
(a) the default is a breach of a covenant of a pre-commencement tenancy,
and
(b) there is no provision of the tenancy or implied right which would, but
for section 1, entitle the landlord to forfeit the tenancy by peaceable reentry
on the ground of a breach of the covenant.
(8) Schedule 5 makes amendments to the Insolvency Act 1986 (c. 45) in connection
with the giving or delivery of a summary termination notice on the ground of
a tenant default.
22 Termination
(1) Where the landlord uses the summary termination procedure on the ground of
a tenant default, the tenancy comes to an end—
(a) at the end of the period of one month beginning with the service day, or
(b) if subsection (3) or (4) applies, in accordance with that subsection.
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