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11 January 2007 / Stuart Bridge
Issue: 7255 / Categories: Features , Landlord&tenant , Property
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Ripe for reform

The Law Commission wants to abolish the law of forfeiture for breach of covenant. Stuart Bridge explains why

In January 2004, the Law Commission’s (the commission’s) consultation paper, Termination of Tenancies for Tenant Default (Law Com No 174) (see 154 NLJ 7113, p 113), stated that the law of forfeiture was “complex…lacks coherence and…can lead to injustice”. It provisionally proposed that forfeiture should be replaced with a statutory scheme for the termination of tenancies. The scheme would make the law easier to understand, simpler to use, and would assist landlords and tenants to resolve disputes out of court. Responses to the consultation paper revealed widespread dissatisfaction with the current law and strong support for reform.

The commission has now published its final report (Law Com No 303) and the draft Landlord and Tenant (Termination of Tenancies) Bill. This article briefly sets out the main recommendations, which are largely of significance in relation to commercial tenancies and long residential tenancies.
Landlords will no longer be able to terminate a tenancy by using the law of

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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