Termination of Tenancies for Tenant Default - Law Commission

Landlord and Tenant (Termination of Tenancies) Bill 15
(b) as a result of a contract made, or option exercised, before that date.
(4) “Post-commencement tenancy” means a tenancy granted on or after that date
except one granted as a result of a contract made, or option exercised, before
that date.
(5) A reference to an agricultural tenancy is to—
(a) a tenancy of an agricultural holding within the meaning of the
Agricultural Holdings Act 1986 (c. 5), or
(b) a farm business tenancy within the meaning of the Agricultural
Tenancies Act 1995 (c. 8).
(6) A reference to a breach by a person of a covenant of a tenancy includes—
(a) the occurrence in relation to him of an event on the occurrence of which
a right to forfeit the tenancy would, but for section 1, become
exercisable;
(b) the occurrence of an event, the occurrence of which is attributable to his
conduct and on the non-occurrence of which the continuation of the
tenancy is purported to depend;
(c) the non-occurrence of an event, the non-occurrence of which is
attributable to his conduct and on the occurrence of which the
continuation of the tenancy is purported to depend.
(7) For the purposes of subsection (6), the cases in which the continuation of a
tenancy is purported to depend on the occurrence, or non-occurrence, of an
event include those where a right to terminate the tenancy in accordance with
its provisions (whether express or implied) is purported to become exercisable
on the occurrence, or non-occurrence, of that event.
(8) No reference in subsection (6) to the occurrence of an event, or to conduct to
which the occurrence of an event is attributable, includes the giving or receipt
of a notice to terminate the tenancy in accordance with its provisions (whether
express or implied).
29 Meaning of “landlord”, “tenant”, etc.
(1) “Landlord”, in relation to a tenancy, means the person entitled to the reversion
immediately expectant on the term of the tenancy; but this is subject to section
3(7).
(2) “Appropriate landlord” has the meaning given in section 3(6).
(3) “Tenant”, in relation to a tenancy, means the person entitled to the term of the
tenancy (and a reference to a previous tenant is to be read accordingly).
(4) In the case of a person who is the landlord or tenant of part only of premises
demised by a tenancy—
(a) a reference to the demised premises is to the part, and
(b) a reference to the tenancy is to the tenancy to the extent that it applies
to the part.
(5) Where two or more persons constitute the landlord, the tenant or a person who
has a qualifying interest in the tenancy—
(a) a reference to him is to both or all of the persons concerned, but
(b) anything required or authorised to be done by him under or as a result
of this Act need not be done by both or all of those persons.
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