Termination of Tenancies for Tenant Default - Law Commission

Landlord and Tenant (Termination of Tenancies) Bill
Schedule 6 — Miscellaneous amendments
(c) at the end add—
“(b) “lessor” includes an original or derivative
underlessor and the persons deriving title under a
lessor,
(c) “lessee” includes an original or derivative
underlessee and the persons deriving title under a
lessee,
(d) “underlease” includes an agreement for underlease
where the underlessee has become entitled to have his
underlease granted, and
(e) “underlessee” includes any person deriving title
under an underlessee.”.
(2) In subsection (2) of that section, for “the said Act” substitute “the Law of
Property Act 1925”.
Landlord and Tenant (War Damage) Act 1939 (c. 72)
29 In section 1(4) of the Landlord and Tenant (War Damage) Act 1939
(modification of landlord’s remedies, etc. where repairing obligation
modified in cases of war damage), for “by way of damages, forfeiture, reentry,”
substitute “under the Landlord and Tenant (Termination of
Tenancies) Act 2006 or by way of damages,”.
Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
30 The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 is
amended as follows.
31 In section 2(2)(a) (cases where leave of court required for civil remedies), for
the reference to “re-entry upon land;” substitute—
“the use of the summary termination procedure under the
Landlord and Tenant (Termination of Tenancies) Act 2006;”.
32 (1) In section 4 (enforcement of possession order in case of rent arrears, etc.) in
subsection (1)—
(a) after “a judgment or order” insert “(whether under the Landlord and
Tenant (Termination of Tenancies) Act 2006 or otherwise)”, and
(b) for “forfeited” substitute “terminated”.
(2) In subsection (3) of that section—
(a) after “reserved by the lease and”, insert “, in the case of a precommencement
tenancy (within the meaning of the Landlord and
Tenant (Termination of Tenancies) Act 2006, that”,
(b) omit “, for the relief of any lessee from forfeiture of the parcel held by
him”, and
(c) at the end add “; and such consequential provision may include any
provision which could be made in a post-termination order under
the Landlord and Tenant (Termination of Tenancies) Act 2006.”.
Landlord and Tenant Act 1954 (c. 56)
33 The Landlord and Tenant Act 1954 is amended as follows.
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