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.

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.

An authoritative course text designed to provide a standalone resource for students. It contains a blend of carefully selected key cases, legislation and academic debate linked by substantial author commentary.

Megarry and Wade : The Law of Real Property

The 9th edition of Maudsley and Burn's Land Law Cases and Materials continues to provide an essential reference work for students and practitioners. It includes a wide range of extracts from cases, statutes, Law Commission reports and other literature, which highlight the key issues to understand the present law and its continuing development.

Relied upon by students for over 25 years, this book continues to bring an innovative, practical focus to modern land law, guiding the reader through real-life situations to illustrate rules and highlight problem areas. Clear diagrams, sample documents and further reading help students understand the law in context.