ABSTRACT

The Law Commission have produced a draft Termination of Tenancies Bill, with the aim of encouraging rapid reform of the law governing forfeiture of leases. They declined to make provision for a reciprocal tenants' termination order scheme. The 1994 Draft Termination of Tenancies Bill was the result. Complexity can be no ground of itself for not including clauses to implement a tenants' termination scheme: the Bill, as it is, has 52 clauses and two schedules. A tenants' scheme, in the original view of the Commissioners, "should resemble as closely as possible the scheme for landlords' termination orders". The court would be able to make a termination order absolute or a remedial termination order, depending on whether the court was satisfied that the landlord was "so unsatisfactory a landlord that the tenant ought not in all the circumstances to remain bound by the tenancy".