Termination of Tenancies for Tenant Default - Law Commission

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Landlord and Tenant (Termination of Tenancies) Bill
Schedule 6 — Miscellaneous amendments
34 In section 16 (relief for residential tenant where landlord enforcing
covenant), in subsection (1)(a), for the words “to enforce a right of re-entry
or forfeiture or” substitute “for a termination order under the Landlord and
Tenant (Termination of Tenancies) Act 2006 or to enforce”.
35 (1) In section 24 (continuation of business tenancies), in subsection (2), for the
words “forfeiture, or by the forfeiture of a superior tenancy” substitute
“under the Landlord and Tenant (Termination of Tenancies) Act 2006, or the
coming to an end of a superior tenancy under that Act,”.
(2) After subsection (2C) of that section, insert—
“(2D) The tenant may make an application under subsection (1) even if the
landlord is taking termination action under the Landlord and Tenant
(Termination of Tenancies) Act 2006 in relation to the tenancy.”.
36 In section 47 (time for making claims for compensation for improvements),
for subsections (3) and (4) substitute—
“(3) Where a tenancy is terminated under the Landlord and Tenant
(Termination of Tenancies) Act 2006, the time for making such a
claim shall be a time falling within the period of three months
beginning with the date on which the tenancy comes to an end in
accordance with that Act.”.
37 (1) In section 51 (extension of Leasehold Property (Repairs) Act 1938), in
subsection (1)(b), omit from “the service of” to “, at the date of”.
(2) In subsection (2) of that section, omit paragraph (a).
(3) In subsection (5) of that section, for “the notice of dilapidations was served,
or the action for damages begun,” substitute “the action for damages was
begun”.
(4) Omit subsection (6) of that section.
38 In the Fifth Schedule (forfeiture proceedings brought by superior landlord),
in paragraph 9(1)(b), for the words from “to enforce” to “or of” substitute
“for a termination order under the Landlord and Tenant (Termination of
Tenancies) Act 2006 in respect of the mesne tenancy or”.
Opencast Coal Act 1958 (c. 69)
39 In paragraph 15 of Part 3 of the Seventh Schedule to the Opencast Coal Act
1958 (protection of tenancies, etc.), in sub-paragraph (1), for “to enforce a
right of re-entry, forfeiture or foreclosure,” substitute “for a termination
order under the Landlord and Tenant (Termination of Tenancies) Act 2006
or to enforce a right of foreclosure”.
Agriculture Act 1967 (c. 22)
40 In Schedule 3 to the Agriculture Act 1967 (amalgamated agricultural units),
in paragraph 7(7), for “exercise by forfeiture or otherwise” substitute “take
termination action under the Landlord and Tenant (Termination of
Tenancies) Act 2006 in respect of their breach or otherwise exercise”.
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