Renting Homes: The Final Report - Law Commission

4.67 A landlord under a standard contract who seeks to use the landlord’s notice
ground, but has failed to provide a written statement of the contract within two
weeks from the effective date of the contract, 85 may not make a possession claim
until the end of a period of six months from the date on which the written
statement was given to the contract-holder. 86
Forfeiture, notice to quit and re-entry
4.68 Under landlord and tenant law, the most common means of bringing fixed term
tenancies to an end is through application of the law of forfeiture or re-entry.
Periodic tenancies are brought to an end by notice to quit. In line with our general
aim of reducing the dependency of the law of residential lettings on principles of
landlord and tenant law, the Bill specifically provides that:
(1) a landlord under an occupation contract may not rely on any provision in
a contract for re-entry or forfeiture in relation to the premises subject to
the contract;
(2) a landlord under an occupation contract may not rely on any enactment
or rule of law on re-entry or forfeiture in relation to any premises subject
to the contract;
(3) a landlord may not serve any notice to quit the premises subject to the
contract; and
(4) any provision in an occupation contract for re-entry, forfeiture or notice to
quit is of no effect. 87
Estate management grounds
Introduction
4.69 Existing schemes of statutory protection contain provisions which provide
opportunity for landlords to provide suitable alternative accommodation to
tenants. Because most private tenancies currently operate under the assured
shorthold tenancy regime, and in future will be standard contracts, in practice
private landlords do not need particular assistance with estate management.
They can regain possession of their premises with relative ease.
85 See cl 24 discussed above, at paras 3.34 and 3.35.
86 Cls 177 and 182(2).
87 Cl 166. The Law Commission is currently reviewing the law of forfeiture of tenancies and is
expecting to publish a Report and Bill on Termination of Tenancies for Tenant Default later
this year. The project is of particular importance in relation to commercial tenancies and
long residential tenancies.
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