Termination of Tenancies for Tenant Default - Law Commission

Part 6 examines the position of those who hold interests deriving out of the
tenancy (in particular mortgagees and sub-tenants) and the protection the
scheme accords to holders of “qualifying interests”. Part 7 deals with the
alternative means of termination action, the summary termination procedure,
open to the landlord only in certain restricted circumstances. Part 8 lists the
recommendations that we make in this Report. Appendix A sets out the draft
Landlord and Tenant (Termination of Tenancies) Bill, which puts the termination
of tenancies scheme into legislative form, and Appendix B contains Explanatory
Notes to the Bill. Appendix C lists the respondents to the CP.
ACKNOWLEDGEMENTS
1.43 This has been a long project, and we cannot possibly hope to record all those
who have assisted over its duration. In assisting to bring the project to its
conclusion, we are particularly grateful to HH John Colyer QC who offered his
unparalleled experience in landlord and tenant law freely to the Commission, and
to the Rt Hon Lord Justice Neuberger who advised on an earlier draft of the Bill.
We thank the Institute of Advanced Legal Studies for holding a lively and wellattended
public seminar on the CP in March 2004. Over the course of the last
year, we held extremely useful meetings with the Society of Legal Scholars, with
the Property Litigation Association, and with Chris Pitt-Lewis, Assistant Land
Registrar of HM Land Registry. Last, but by no means least, the Law Commission
would like to thank all those who responded to the CP.
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