Termination of Tenancies for Tenant Default - Law Commission

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Landlord and Tenant (Termination of Tenancies) Bill
Schedule 6 — Miscellaneous amendments
under that Act in respect of a failure to pay the rent on or before the
day specified in the lease.”.
(2) After that subsection insert—
“(1A) For the purposes of subsection (1)—
(a) “the 2006 Act” means the Landlord and Tenant (Termination
of Tenancies) Act 2006, and
(b) the specified day may not be later than 30 days after the day
on which payment of the rent first becomes due.”.
23 In section 43(x) (definition of “term of years absolute”) after “redemption,”
insert “or under the Landlord and Tenant (Termination of Tenancies) Act
2006,”.
Landlord and Tenant Act 1927 (c. 36)
24 In section 18 of the Landlord and Tenant Act 1927 (repairing covenants),
omit subsection (2).
Leasehold Property (Repairs) Act 1938 (c. 34)
25 The Leasehold Property (Repairs) Act 1938 is amended as follows.
26 (1) In section 1 (enforcement of repairing covenants), omit subsection (1).
(2) In subsection (2) of that section—
(a) for “such a covenant as aforesaid” substitute “a covenant to keep or
put in repair during the currency of a lease all or any of the property
comprised in the lease”, and
(b) for the words from “such a notice” to “1925” substitute “a notice
under this subsection”.
(3) In subsection (3) of that section, for the words from “no proceedings” to
“breach thereof” substitute “the lessor may not bring proceedings for
damages in respect of the breach concerned”.
(4) In subsection (4) of that section, omit the words from “served under
subsection (1)” to “, and a notice”.
27 In section 2 (restriction on right to recover expenses of survey, etc.)—
(a) for the words from “the benefit” to “or expenses incurred” substitute
“recover from the lessee any costs and expenses incurred by the
lessor in the employment of a solicitor, surveyor or valuer, or
otherwise,”, and
(b) for “the benefit thereof” substitute “recover any of those costs”.
28 (1) In section 7 (the title to which becomes “Interpretation, etc.”), in subsection
(1)—
(a) for the words from “the expressions” to “a person; and” substitute
“—
(a) ”,
(b) after “1995” insert “, and includes an original or derivative
underlease and an agreement for lease where the lessee has become
entitled to have his lease granted,” and
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