Consultation Paper on the General Law of the Landlord and Tenant

so the landlord in a particular case may be left uncertain as to whenthe forfeiture can be effected. This problem is returned to later. 2914.13 The third thing required in the notice is that “in any case”the landlord must call upon the tenant “to make compensation inmoney for the breach”. This will often not be what the landlordwants, in that, the preference would be for the tenant to rectify thebreach. It is, therefore, not surprising that the courts have long takenthe view that, notwithstanding the wording of section 14, the landlordneed not claim compensation if it is not wanted. 30 It has, as aconsequence, been held that a failure to call for it does not invalidatethe notice. 31 The Commission is of the view that this requirementshould be dropped.14.14 The Commission inclines to the view that there is scope forsimplifying the requirements laid down in section 14 of theConveyancing Act 1881. Arguably all that should be strictlynecessary is that before a landlord seeks to forfeit a tenancy forbreach of obligation by the tenant, the tenant should be given somewarning and the opportunity to rectify the situation. On that basis theminimum requirement should be that the landlord gives notice of theintention to forfeit and specifies the ground, namely, what the allegedbreach of obligation is. That should be sufficient to enable the tenantto accept the allegation and rectify the breach or to challenge theallegation. The issue of what time should be allowed bears on whenthe landlord can proceed with the forfeiture and is discussed below. 32The Commission provisionally recommends that the requirements fora forfeiture notice should be simplified and confined to notifying thetenant of the intention to forfeit and identifying the breach ofobligation relied upon.14.15 Section 14 then goes on to provide that the forfeiture doesnot operate unless the tenant fails to remedy the breach “within areasonable time” after service of the notice. 33 Again what is a2930313233Paragraph 14.15 below.Lock v Pearce [1893] 2 Ch 271.Walsh v Wightman [1927] NI 1, 11 (per Andrews LJ)Paragraph 14.15.Or to make “reasonable compensation in money, to the satisfaction of thelessor”. See paragraph 14.13 above.171