Renting Homes: The Final Report - Law Commission

4.38 We noted in Renting Homes that there was an important balance to be struck. 44
On the one hand, where an occupation contract has been broken, the landlord
should not be put to disproportionate trouble and expense to regain possession
of their premises. On the other hand, the law should not make it so easy to do
this that the unscrupulous landlord could circumvent the normal legal restrictions
relating to regaining possession of premises. We were quite clear that the
present law (under which the occupier, who leaves without giving the landlord
notice of their intention to end the agreement, may remain liable under its terms,
although in reality it may not be worth the landlord’s time and effort to bring
proceedings against the delinquent occupier) did not achieve the appropriate
balance. The current law (relying on concepts such as implied surrender) is unfair
on landlords as it is often unclear. Our recommendations offer a better balance,
giving the landlord clearer procedures, while maintaining safeguards for the
occupier.
Securing the premises
4.39 Where a landlord under an occupation contract which contains a term requiring
the contract-holder to occupy the premises as their only or principal home
believes that the contract-holder has abandoned the premises, the landlord can
enter the premises subject to the contract to make them secure or to safeguard
their contents and any fixtures or fittings. In so doing, the landlord may use
reasonable force. 45
Recovery of possession
4.40 Possession may be regained by a landlord who follows the following process, as
set out in the Bill. 46
44
(1) In order to recover possession, the landlord must give the contract-holder
a written warning notice which:
(a) states that the landlord believes the contract-holder has
abandoned the premises;
(b) requires the contract-holder to inform the landlord within the
warning period 47 if he/she has not abandoned the premises; and
(c) tells the contract-holder that the landlord intends to bring the
contract to an end if satisfied at the end of the warning period that
the premises have been abandoned. 48
(2) During the warning period, the landlord must make such inquiries as are
necessary to satisfy him or herself that the contract-holder has
abandoned the premises. 49
(2003) Law Com No 284.
45 Cl 163.
46 Cl 160.
47 Four weeks: cl 160(8).
48 Cl 160(3).
71