Termination of Tenancies for Tenant Default - Law Commission

(2) in the appropriate local land charges register; or
(3) in the register of charges kept by the Registrar of Companies.
2.35 Whether or not the tenant chooses to defend a termination claim, a qualifying
interest holder may apply to the court for any order, other than a termination
order.
SUMMARY TERMINATION PROCEDURE
2.36 The summary termination procedure provides the landlord with an accelerated
means of terminating a tenancy outside the court process. The procedure is
available following tenant default where, on a termination claim being made, the
tenant would have no realistic prospect of persuading a court not to make a
termination order and there is no other reason why a trial of that claim should
take place. The procedure is likely to be of particular assistance to landlords
where premises have been abandoned.
2.37 A landlord commences the summary termination procedure by giving a “summary
termination notice” to the tenant and to any qualifying interest holders of which he
or she has knowledge. The landlord must also deliver a notice to the premises
addressed to “The Occupier”.
2.38 A landlord may not give a summary termination notice in a number of defined
circumstances:
(1) where a person is lawfully residing in the whole or part of the premises;
(2) where the unexpired term of the tenancy exceeds 25 years;
(3) where the tenancy (other than an agricultural tenancy) was granted for
seven years or more, the unexpired term exceeds three years and the
default complained of is breach of a repairing covenant;
(4) where a post-commencement tenancy makes express provision that the
summary termination procedure may not be used in relation to the
breach of covenant complained of; or
(5) where a pre-commencement tenancy does not entitle the landlord to
forfeit the tenancy by peaceable re-entry on the ground of a breach of the
covenant.
2.39 A summary termination notice given in breach of one or more of these restrictions
is invalid and of no effect.
2.40 A summary termination notice must give details of the tenant default and contain
a prescribed statement explaining the effect of the notice on the tenancy and the
right of the tenant and qualifying interest holders to apply to the court for the
notice to be discharged (a “discharge order”). The notice cannot require the
tenant to remedy the tenant default. If the landlord wishes the tenant to carry out
remedial work, he or she should serve a tenant default notice rather than a
summary termination notice.
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