Termination of Tenancies for Tenant Default - Law Commission

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Landlord and Tenant (Termination of Tenancies) Bill
Schedule 4 — Covenants to put or keep premises in repair
(b) an order of a court, or
(c) a requirement of an authority under an enactment.
(4) The third condition is that—
(a) the tenant is not in occupation of the whole of the demised premises,
and
(b) immediate action to remedy the default is necessary in the interests
of the occupier of the whole or part of the premises.
(5) The fourth condition is that the costs involved in taking action to remedy the
default are likely to increase significantly if the action is not taken
immediately.
(6) The fifth condition is that the court thinks that there are special
circumstances which make it just and equitable to make an order under
section 9.
SCHEDULE 5 Section 21(8)
INSOLVENCY
1 The Insolvency Act 1986 (c. 45) is amended as follows.
2 (1) In section 130 (winding-up order), in subsection (2), after “property,” insert
“and no landlord or other person to whom rent is payable may give or
deliver a summary termination notice in respect of premises let to the
company,”.
(2) In subsection (3) of that section, after “any debt of the company,” insert “and
no landlord or other person to whom rent is payable may give or deliver a
summary termination notice in respect of premises let to the company,”.
3 In section 252 (individual voluntary arrangement: moratorium while
interim order has effect), in subsection 2(aa), for the words from “exercise”
to “such premises” substitute “give or deliver a summary termination notice
in respect of premises let to the debtor”.
4 In section 254 (application for interim order), in subsection (1)(a), for the
words from “exercise” to “such premises” substitute “give or deliver a
summary termination notice in respect of premises let to the debtor”.
5 In section 260 (approval of individual voluntary arrangement), at the end
add—
“(6) No landlord or other person to whom rent is payable may give or
deliver a summary termination notice in respect of premises let to the
debtor except with the leave of the court.”.
6 (1) In section 285 (restriction on bankruptcy proceedings), after subsection (1)
insert—
“(1A) At any time when proceedings on a bankruptcy petition are pending,
no landlord or other person to whom rent is payable may give or
deliver a summary termination notice in respect of premises let to the
debtor except with the leave of the court.”
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