header-logo header-logo

10 January 2008 / Chhavie Kapoor
Issue: 7303 / Categories: Features , Landlord&tenant , Property , Housing
printer mail-detail

Getting one's house in order

Will abolishing the law of forfeiture make it easier to terminate a tenancy when a tenant defaults? Chhavie Kapoor reports

The Law Commission has had reform of the law of forfeiture on its to-do list for 40 years. Its interest in the subject first manifested in 1968 with a working party. This was followed by reports in 1984, 1994 and 1998. A consultation paper was published in 2004 and this led to the 2006 report, Termination of Tenancies for Tenant Default, with its appended draft Landlord and Tenant (Termination of Tenancies) Bill.

The Law Commission’s persistence is explained by its strongly held belief that the current law “is complex, lacks coherence and can lead to injustice”. This is whether viewed from a landlord or a tenant’s perspective with the possible windfall that forfeiting a lease can bring being counterbalanced by the arbi­trariness of the doctrine of waiver. This has led the Law Commission to recommend the abolition of the entirety of the current law and its replacement with

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll