Termination of Tenancies for Tenant Default - Law Commission

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40 Settled Land Act 1925 (c. 18)— cont. 216 Landlord and Tenant (Termination of Tenancies) Bill Schedule 7 — Repeals Short title and chapter Extent of repeal In section 106— in subsection (1), “or by forfeiture,”, and subsection (3). Law of Property Act 1925 (c. 20) In section 48(2), the words from “, and the power of entry” to the end. Section 146. Landlord and Tenant Act 1927 (c. 36) Law of Property (Amendment) Act 1929 (19 & 20 Geo. 5 c. 9) Leasehold Property (Repairs) Act 1938 (c. 34) Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65) Landlord and Tenant Act 1954 (c. 56) Leasehold Reform Act 1967 (c. 88) Section 18(2). The whole Act. In section 1— subsection (1), and in subsection (4), the words from “served under subsection (1)” to “, and a notice”. In section 4(3), the words from “, for the relief” to “by him”. In section 51— in subsection (1)(b), from “the service of” to “, at the date of”, subsection (2)(a), and subsection (6). In section 15(3), “, re-entry”. In Schedule 3, in paragraph 3(2), the words from “the power under section 146(4)” to “superior tenancy, or”. Limitation Act 1980 (c. 58) In Schedule 1, paragraph 7. Supreme Court Act 1981 (c. 54) Section 38. County Courts Act 1984 (c. 28) Sections 138 to 140. In Schedule 2, paragraph 5. Administration of Justice Act Section 55. 1985 (c. 61) In Schedule 9, paragraph 13. Housing Act 1985 (c. 68) In section 86(2), the words from “and do not” to the end. Agricultural Holdings Act 1986 (c. 5) In section 87(5), “or forfeited”. Housing Act 1988 (c. 50) Section 45(4). Courts and Legal Services Act 1990 (c. 41) In Schedule 17, paragraph 17. Criminal Justice Act 1991 (c. 53) Section 84(3)(b). Leasehold Reform, Housing In Schedule 3, paragraph 6(2)(a). and Urban Development Act 1993 (c. 28) In Schedule 12, paragraph 5(2)(a). Criminal Justice and Public Order Act 1994 (c. 33) Section 7(3)(b). 5 10 15 20 25 30 35 40 45
Landlord and Tenant (Termination of Tenancies) Bill Schedule 7 — Repeals Short title and chapter Extent of repeal Landlord and Tenant (Covenants) Act 1995 (c. 30) Housing Act 1996 (c. 52) Section 81(4A). Immigration and Asylum Act 1999 (c. 33) Section 149(3)(b). Commonhold and Leasehold Reform Act 2002 (c. 15) Proceeds of Crime Act 2002 (c. 29) Section 4. In section 15(1) and (4), “, or any right of reentry contained in a tenancy,”. Section 21(1). Section 23(3). Section 169(6) and (7). Section 170(5). In section 179(2), the word “and” immediately before the definition of “the 1993 Act”. Section 58(4). Section 59(4). Section 60(4). 217 41 5 10 15
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The Law Commission (LAW COM No 303)
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THE LAW COMMISSION TERMINATION OF T
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Consultation 40 Reform recommendati
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Consultation 68 Reform recommendati
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(7) Any other matter 102 THE LEASEH
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Restrictions on using the summary t
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where appropriate using the various
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etains an equitable jurisdiction to
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of the law”. A number of leading
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procedure, the tenancy will not ter
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Part 6 examines the position of tho
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2.7 When a tenancy is terminated un
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unless valid notices have been give
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Transfer order 2.30 Only a qualifyi
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2.41 Where a landlord serves a summ
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PART 3 TENANT DEFAULT INTRODUCTION
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scheme by characterising the obliga
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to include such clauses and to allo
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perform their obligations under the
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SPECIAL CASES OF TENANT DEFAULT Den
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Assignment 3.51 Most tenancies cont
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the incoming tenant of the assigned
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often stipulate that a right to for
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insolvency process having the same
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3.93 In addition, section 81 of the
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1996 and Chapter 5 of the Commonhol
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covenant is non-payment of rent, a
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Reform recommendations 3.132 We rec
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The CP’s provisional proposals 4.
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do so by delaying until the default
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it is unlikely that a tenant would
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(4) give the date by which action m
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Specify the time for remedial actio
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(3) must specify in respect of the
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agreement (subject to a maximum ext
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underlying principle that qualifyin
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all tenancies granted for seven or
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4.92 As we intend to retain the sam
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PART 5 MAKING A TERMINATION CLAIM (
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e set off against the cost of carry
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future liabilities under the terms
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(6) where a tenancy comes to an end
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5.43 During the period of the stay,
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described. During the consultation
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termination of a tenancy under the
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5.69 We recommend that the proceeds
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5.75 The First Report therefore rec
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making any order under the scheme t
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5.93 The CP provisionally proposed
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of the parties. 78 Proportionality
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past conduct of the parties. This m
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(7) Any other matter 5.127 It would
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PART 6 QUALIFYING INTERESTS INTRODU
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1925 extends to lessees, under-less
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according to the lease without any
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interchangeably by the courts, by s
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entitled to use the scheme to prote
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(2) if not in occupation, a right w
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property. The simplest means of ens
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(1) What should the landlord be exp
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claim with the court for service on
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have to apply for relief, which, if
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qualified covenant not to assign th
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that it is both appropriate and pro
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order unless the person who holds t
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CP suggested, close down any potent
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PART 7 SUMMARY TERMINATION PROCEDUR
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action rather than by physical re-e
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Paper was published. 22 It proposed
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7.28 It was hoped that this recomme
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equirement for service of a notice
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7.51 The final restriction was: It
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in the sub-tenant being removed fro
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termination claim, the summary term
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7.71 The summary termination proced
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Repairing covenants 7.79 The repair
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7.88 We do not wish to discourage t
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dispensation power will only be exe
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to costs under the summary terminat
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7.112 We recommend that: specifying
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PART 8 LIST OF RECOMMENDATIONS PART
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8.13 We recommend that the Insolven
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(a) the day after the deadline spec
Page 168 and 169: (6) if the court dismisses an appli
Page 170 and 171: 8.39 We recommend that, where a ten
Page 172 and 173: 8.49 We recommend that: (1) where t
Page 174 and 175: (4) the default is a breach of cove
Page 176 and 177: APPENDIX A DRAFT LANDLORD AND TENAN
Page 178 and 179: ii Interpretation, etc. 28 Meaning
Page 180 and 181: 2 178 Landlord and Tenant (Terminat
Page 182 and 183: 4 180 Landlord and Tenant (Terminat
Page 184 and 185: 6 (8) This section is subject to se
Page 186 and 187: 8 13 Remedial order 184 Landlord an
Page 188 and 189: 10 186 Landlord and Tenant (Termina
Page 194 and 195: 16 30 Meaning of “qualifying inte
Page 198 and 199: 20 Preliminary 196 Landlord and Ten
Page 200 and 201: 22 Proper address 198 Landlord and
Page 204 and 205: 26 Settled Land Act 1925 (c. 18) 4
Page 210 and 211: 32 Protection from Eviction Act 197
Page 212 and 213: 34 Landlord and Tenant Act 1985 (c.
Page 216 and 217: 38 (2) After that subsection, inser
Page 220 and 221: APPENDIX B EXPLANATORY NOTES TO THE
Page 222 and 223: landlord assigns the reversion, he
Page 224 and 225: 33. For example, if a tenant defaul
Page 226 and 227: 53. Subsection (5), although broadl
Page 228 and 229: If the court is satisfied of this,
Page 230 and 231: 91. Subsection (4) mitigates the ef
Page 232 and 233: 108. Under the current law, forfeit
Page 234 and 235: 126. Subsection (2) applies where t
Page 236 and 237: 145. Subsection (1)(d) includes wit
Page 238 and 239: unless he or she obtains a court or
Page 240 and 241: person who is the tenant as a resul
Page 242 and 243: termination notice (except where th
Page 244: Robin Sinclair, Solicitor Slaughter
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