Termination of Tenancies for Tenant Default

Book excerpt: Following on from a consultation paper (Consultation paper 174; ISBN 0117302562) published in January 2004, this report contains proposals for reform of the law regarding the termination of a tenancy during its term, by a landlord, due to the tenant having broken the terms of the tenancy agreement. It sets out, in the form of a draft Bill, a new statutory scheme for the termination of tenancies, including a new concept of 'tenant default', to replace the current law of forfeiture. The proposed scheme would define the circumstances in which a landlord may seek to terminate a tenancy early, require the landlord to warn the tenant of the impending action by giving a written notice, and confers enhanced protection on those with interests deriving out of the tenancy. The report is divided into eight parts with three appendices, and issues considered include: problems with the current law of forfeiture of tenancies and the case for reform; the various components of the proposed scheme, including the concept of tenant default and the stages of a landlord's 'termination claim'; and the role of the court.