Termination of Tenancies for Tenant Default - Law Commission

Landlord and Tenant (Termination of Tenancies) Bill
Schedule 6 — Miscellaneous amendments
58 In section 35 (liability to repay discount on disposal of house is a charge on
the house), in subsection (3A), after “authorise” insert “the taking of
termination action under the Landlord and Tenant (Termination of
Tenancies) Act 2006 or”.
59 (1) In section 82 (security of tenure for secure tenants), in subsection (1A), for
paragraph (b) substitute—
“(b) a termination order under the 2006 Act;”.
(2) For subsections (3) and (4) of that section substitute—
“(3) Where the court makes a termination order under the 2006 Act in
respect of a secure tenancy for a term certain—
(a) section 86 (periodic tenancy arising on termination of fixed
term) shall apply, and
(b) accordingly, the termination order may not include provision
under section 12(6) of the 2006 Act (recovery of possession by
landlord).”.
60 In section 83 (possession proceedings: notice requirements), in subsection (1)
after “(1A)” insert “(a) or (c)”.
61 (1) In section 86 (periodic tenancy arising on termination of fixed term), for
subsection (1)(b) substitute—
“(b) by a termination order under the 2006 Act,”.
(2) In subsection (2) of that section, omit the words from “and do not” to the end.
62 In section 115 (meaning of “long tenancy”), in subsection (1)(a), for “by reentry
or forfeiture” substitute “under the 2006 Act”.
63 In section 116 (minor definitions), at the end add “;
“the 2006 Act” means the Landlord and Tenant (Termination of
Tenancies) Act 2006”.
64 In section 117 (index of defined expressions for Part 4), at the appropriate
place insert—
“the 2006 Act section 116”
65 In section 156 (liability to repay discount on disposal of premises is a charge
on the premises), in subsection (3A), after “authorise” insert “the taking of
termination action under the Landlord and Tenant (Termination of
Tenancies) Act 2006 or”.
66 In section 171E (cessation of preservation of right to buy on termination of
landlord’s interest in qualifying dwelling-house), in subsection (1)(a), for
“by re-entry on a breach of condition or forfeiture” substitute “under the
Landlord and Tenant (Termination of Tenancies) Act 2006”.
67 In section 530 (defective housing: meaning of “relevant interest”), in
subsection (2)(a), for “by re-entry, forfeiture” substitute “under the Landlord
and Tenant (Termination of Tenancies) Act 2006”.
68 In Schedule 6 (grant of lease pursuant to right to buy), in paragraph 19, for
“a forfeiture” substitute “the taking of termination action under the
Landlord and Tenant (Termination of Tenancies) Act 2006”.
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