Termination of Tenancies for Tenant Default - Law Commission

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Protection from Eviction Act 1977 (c. 43)
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Landlord and Tenant (Termination of Tenancies) Bill
Schedule 6 — Miscellaneous amendments
50 For section 2 of the Protection from Eviction Act 1977 substitute—
“2 Summary termination procedure
For the purposes of section 1(2), contravening subsection (1) of
section 21 of the Landlord and Tenant (Termination of Tenancies)
Act 2006 in a case within subsection (2) of that section (prohibition on
summary procedure where premises lawfully occupied as residence)
is to be regarded as an unlawful deprivation of occupation.”.
51 In section 9(3) of that Act (jurisdiction of High Court), for “to enforce a
lessor’s right of re-entry or forfeiture” substitute “under the Landlord and
Tenant (Termination of Tenancies) Act 2006”.
Limitation Act 1980 (c. 58)
52 In Schedule 1 to the Limitation Act 1980 (actions to recover land), omit
paragraph 7.
Supreme Court Act 1981 (c. 54)
53 Section 38 of the Supreme Court Act 1981 (relief against forfeiture for nonpayment
of rent) ceases to have effect.
Transport Act 1982 (c. 49)
54 In section 14 of the Transport Act 1982 (exclusion of security of tenure in case
of premises used for vehicle testing business), for subsection (2) substitute—
“(2) Where on a termination claim made under the Landlord and Tenant
(Termination of Tenancies) Act 2006 on the ground of a tenant
default in respect of such a tenancy, the court is satisfied that the
default has occurred—
(a) it must make a termination order, and
(b) sections 9 to 17 of that Act are to be read accordingly.
(2A) Section 24 of that Act (post-termination orders) does not apply to
such a tenancy.”.
County Courts Act 1984 (c. 28)
55 Sections 138 to 140 of the County Court Act 1984 (forfeiture for non-payment
of rent) cease to have effect.
London Regional Transport Act 1984 (c. 32)
56 In section 27 of the London Regional Transport Act 1984 (transfer schemes),
in subsection (10), for “right of forfeiture, right of re-entry” substitute “right
to take termination action under the Landlord and Tenant (Termination of
Tenancies) Act 2006”.
Housing Act 1985 (c. 68)
57 The Housing Act 1985 is amended as follows.
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