Termination of Tenancies for Tenant Default,a Consultation Paper

This consultation paper seeks views on proposals for reform of the law of forfeiture, regarding the termination of a tenancy during its term, by a landlord, due to the tenant having broken the terms of the tenancy agreement. The statutory scheme proposed applies to commercial or business tenancies (such as offices or shops) and long residential tenancies granted for a fixed term of at least 21 years. The paper considers: the current law of forfeiture of tenancies; the meaning of tenant default; the 'pre-action notice' requirement; termination orders and court proceedings; rights and remedies regarding landlords and tenants; other issues such as joint tenants, the relationship between tenant insolvency and termination of tenancies, and service charges. Comments on the proposals should be received by 30 April 2004.