Termination of Tenancies for Tenant Default - Law Commission

Landlord and Tenant (Termination of Tenancies) Bill
Schedule 6 — Miscellaneous amendments
ground concerned) insert—
“(6A) The reference in subsection (6)(b) to a provision for re-entry or for
forfeiture is to a provision for re-entry or for forfeiture contained in
a pre-commencement tenancy within the meaning of the Landlord
and Tenant (Termination of Tenancies) Act 2006.”.
76 Omit section 45(4) (interpretation of references to powers to determine, etc.).
77 In paragraph 2 of Schedule 11 (liability to repay discount on disposal of
house is a charge on the house), in sub-paragraph (4), after “authorise” insert
“the taking of termination action under the Landlord and Tenant
(Termination of Tenancies) Act 2006 or”.
Criminal Justice Act 1991 (c. 53)
78 (1) In subsection (3) of section 84 of the Criminal Justice Act 1991 (tenancies of
contracted out prisons), omit paragraph (b).
(2) After that subsection, insert—
“(3A) 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 a lease or tenancy within subsection (3), 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.
(3B) Section 24 of that Act (post-termination orders) does not apply to a
lease or tenancy within subsection (3).”.
Charities Act 1992 (c. 41)
79 In section 1(4) of the Charities Act 1992 (transfer of property under that Act
not to be breach of covenant against alienation), for “give rise to a forfeiture”
substitute “be a ground on which termination action may be taken under the
Landlord and Tenant (Termination of Tenancies) Act 2006”.
Charities Act 1993 (c. 10)
80 In section 97(3) of the Charities Act 1993 (transfer of property under Act not
to be breach of covenant against alienation), for “give rise to a forfeiture”
substitute “authorise the taking of termination action under the Landlord
and Tenant (Termination of Tenancies) Act 2006”.
Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)
81 The Leasehold Reform, Housing and Urban Development Act 1993 is
amended as follows.
82 In section 7 (meaning of “long lease”), in subsection (1)(a), for “by re-entry,
forfeiture” substitute “under the Landlord and Tenant (Termination of
Tenancies) Act 2006”.
83 (1) Schedule 3 (restrictions on participation by tenants where collective
enfranchisement notice given) is amended as follows.
211
35
5
10
15
20
25
30
35
40