Termination of Tenancies for Tenant Default - Law Commission

36
212
Landlord and Tenant (Termination of Tenancies) Bill
Schedule 6 — Miscellaneous amendments
(2) In paragraph 3(2), for “to enforce a right of re-entry or forfeiture
terminating” substitute “for a termination order under the Landlord and
Tenant (Termination of Tenancies) Act 2006 in relation to”.
(3) In paragraph 6(2), omit paragraph (a).
(4) In paragraph 7(1)(a) for “to enforce any right of re-entry or forfeiture
terminating” substitute “for a termination order under the Landlord and
Tenant (Termination of Tenancies) Act 2006 in relation to”.
84 In paragraph 18 of Schedule 9 (restrictions on termination of lease back to
former freeholder), for the words from “by forfeiture” to the end substitute
“under the Landlord and Tenant (Termination of Tenancies) Act 2006.”.
85 (1) Schedule 12 (tenant’s notice) is amended as follows.
(2) In paragraph 3(2), for “to enforce a right of re-entry or forfeiture
terminating” substitute “for a termination order under the Landlord and
Tenant (Termination of Tenancies) Act 2006 in relation to”.
(3) In paragraph 5(2), omit paragraph (a).
(4) In paragraph 6(a), for “to enforce any right of re-entry or forfeiture
terminating” substitute “for a termination order under the Landlord and
Tenant (Termination of Tenancies) Act 2006 in relation to”.
(5) In paragraph 7, 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”.
Criminal Justice and Public Order Act 1994 (c. 33)
86 (1) In subsection (3) of section 7 of the Criminal Justice and Public Order Act
1994 (tenancies of secure training centres), 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).”.
Law of Property (Miscellaneous Provisions) Act 1994 (c. 36)
87 In section 4 of the Law of Property (Miscellaneous Provisions) Act 1994
(validity of lease), in subsection (1)(b), for “forfeiture” substitute
“termination under the Landlord and Tenant (Termination of Tenancies) Act
2006”.
Landlord and Tenant (Covenants) Act 1995 (c. 30)
88 The Landlord and Tenant (Covenants) Act 1995 is amended as follows.
89 Section 4 (transmission of rights of re-entry) ceases to have effect.
5
10
15
20
25
30
35
40