Termination of Tenancies for Tenant Default - Law Commission

Landlord and Tenant (Termination of Tenancies) Bill
Schedule 1 — Exceptions and savings, etc.
SCHEDULES
SCHEDULE 1 Section 1(5)
EXCEPTIONS AND SAVINGS, ETC.
Existing statutory regimes for termination for tenant’s breach, etc.
1 (1) Section 1 does not apply in relation to—
(a) a statutory tenancy under the Rent (Agriculture) Act 1976 (c. 80) or
the Rent Act 1977 (c. 42),
(b) a periodic tenancy arising by virtue of section 86 of the Housing Act
1985 (c. 68) (termination of fixed term secure tenancy),
(c) an assured tenancy under the Housing Act 1988 (c. 50),
(d) a long residential tenancy continuing by virtue of paragraph 3 of
Schedule 10 to the Local Government and Housing Act 1989 (c. 42),
or
(e) an introductory tenancy or demoted tenancy under the Housing Act
1996 (c. 52).
(2) Nothing in section 1 prevents the termination of a tenancy on the ground of
a breach of a covenant of the tenancy as a result of—
(a) section 29(4)(b) of the Landlord and Tenant Act 1954 (c. 56)
(termination of business tenancy where tenant has breached a
covenant and landlord opposes renewal),
(b) section 82(1A)(a) or (c) of the Housing Act 1985 (possession order or
demotion order in respect of secure tenancy), or
(c) section 26 of the Agricultural Holdings Act 1986 (c. 5) (notice to quit).
(3) Nor does anything in section 1 affect the operation of Schedule 1 to the
Sexual Offences Act 1956 (c. 69) (termination of tenancy where tenant
convicted of using premises as brothel and refuses to assign tenancy).
Power to amend
2 The Secretary of State and the Welsh Ministers acting jointly may by order—
(a) amend paragraph 1 so as to add, vary or omit a reference to an
enactment or to a type of tenancy;
(b) amend an enactment in consequence of a provision made in reliance
on paragraph (a).
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