Termination of Tenancies for Tenant Default - Law Commission

Landlord and Tenant (Termination of Tenancies) Bill
Schedule 6 — Miscellaneous amendments
Leasehold Reform Act 1967 (c. 88)
41 Part 1 of the Leasehold Reform Act 1967 (enfranchisement and extension of
leases) is amended as follows.
42 In sections 1(1ZC)(a) and 3(1) (termination of long tenancies), for “by reentry,
forfeiture” substitute “under the Landlord and Tenant (Termination
of Tenancies) Act 2006”.
43 In section 15(3) (tenant to be liable for cost of services provided by landlord
under new tenancy), omit “, re-entry”.
44 In section 22 (tenants’ notices), in subsection (1)(b), for “terminate by
forfeiture” substitute “be terminated under the Landlord and Tenant
(Termination of Tenancies) Act 2006”.
45 (1) In Part 1 of Schedule 3 (restrictions on proceedings during enfranchisement
procedure, etc.), in paragraph 3(2), omit the words from “the power under
section 146(4)” to “superior tenancy, or”.
(2) In paragraph 4 of that Schedule—
(a) in sub-paragraphs (1) and (2), for “to enforce any right of re-entry or
forfeiture terminating the tenancy”, substitute “for a termination
order under the Landlord and Tenant (Termination of Tenancies)
Act 2006”,
(b) in the proviso to sub-paragraph (2), for the words from “effect
should” to “nor the claim” substitute “a termination order under that
Act should be made, the court must make that order and order that
the claim is not to be treated”, and
(c) in sub-paragraph (4), for “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”.
46 In Schedule 4A (exclusion from enfranchisement procedure of certain
shared ownership leases), in paragraph 3(2)(a), for “in pursuance of a
provision for re-entry or forfeiture” substitute “under the Landlord and
Tenant (Termination of Tenancies) Act 2006”.
Rent Act 1977 (c. 42)
47 The Rent Act 1977 is amended as follows.
48 In section 5A (certain shared ownership leases not to be protected tenancies),
in subsection (2)(a), for “in pursuance of a provision for re-entry or
forfeiture” substitute “under the Landlord and Tenant (Termination of
Tenancies) Act 2006”.
49 In section 127 (allowable premiums for certain long tenancies), in subsection
(3), for “a power of re-entry or forfeiture for” substitute “the right to take
termination action under the Landlord and Tenant (Termination of
Tenancies) Act 2006 in respect of a”.
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