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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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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