Termination of Tenancies for Tenant Default - Law Commission

unless he or she obtains a court order under that Act. Although there is an
exception for a fixed-term tenancy which gives the landlord “a power to
determine” it, the Act elsewhere provides that references to a power to determine
a tenancy do not include a power of re-entry or forfeiture for breach of a term or
condition of the tenancy. 11
161. Sub-paragraph (1)(d) refers to long residential tenancies continuing as a
result of the security of tenure provisions in Schedule 10 to the Local Government
and Housing Act 1989. In particular, paragraph 3 of that Schedule provides that
such a tenancy, once continuing under the Schedule, can be terminated only in
accordance with the Schedule. By implication, it cannot be forfeited.
162. Sub-paragraph (1)(e) refers to introductory tenancies and demoted
tenancies under the Housing Act 1996. Sections 127 and 143D of that Act
provide that the landlord cannot bring such tenancies to an end except in
accordance with that Act.
163. Sub-paragraph (2) deals with tenancies which are capable of forfeiture (and
which therefore come within the scheme) but in respect of which there is already
another mechanism for termination in the case of a breach of covenant.
164. Sub-paragraph (2)(a) refers to section 29(4)(b) of the Landlord and Tenant
Act 1954. This section enables the court to terminate a business tenancy where
the landlord opposes its renewal on certain specified grounds, including the
tenant’s breach of covenant.
165. Sub-paragraph (2)(b) refers to section 82(1A) of the Housing Act 1985,
which provides for possession orders and demotion orders to be made on the
ground of a breach of a tenant’s covenant. Proceedings for those orders already
exist alongside forfeiture.
166. Sub-paragraph (2)(c) refers to the Agricultural Holdings Act 1986. Case law
suggests that a tenancy under that Act can be forfeited so long as the landlord
complies with the notice periods under that Act. 12
167. Sub-paragraph (3) preserves the operation of Schedule 1 to the Sexual
Offences Act 1956. That Schedule entitles the landlord to determine a tenancy
where the tenant has been convicted of using the demised premises as a brothel
and has not acceded to the landlord's request that he or she assign the tenancy.
Such a case may or may not involve a breach of covenant. Indeed, use of the
premises as a brothel may be authorised by the tenancy. But even where it is not,
the termination will not be on the ground of the breach but on the ground of the
tenant’s refusal to assign.
168. Paragraph 2 confers power to amend the Schedule by adding, changing or
removing references to enactments or to categories of tenancy (and, where
necessary, to make consequential amendments to the statute book). Power to
amend primary legislation would usually be subject to the affirmative procedure in
11 Housing Act 1988, s 45(4).
12 Parry v Million Pigs [1981] 2 EGLR 1.
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