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Law Commission Draft Programme

By Dave

The Law Commission is currently consulting on what projects it might take on under its next law reform programme.  It has a few specific suggestions in relation to landlord and tenant law and is seeking evidence (particularly about how far they have significant practical and economic impact). The suggestions are:

* Concerns about the scope of Authorised Guarantee Agreements under the Landlord and Tenant (Covenants) Act 1995, following the Court of Appeal’s decision in K/S Victoria Street v House of Fraser [2011] EWCA Civ 904, in which the court confirmed that a “direct guarantee” was not permitted under the Act.

* Residual problems with the rule that a lease must have a certain term, in light of the Supreme Court’s decision in Berrisford v Mexfield Housing Co-operative [2011] UKSC 52.

* Amendment to the security of tenure provisions in Part 2 of the Landlord and Tenant Act 1954 in order to make the procedures more straightforward.

They are also open to other suggestions for landlord and tenant law reform projects (don’t all rush at once …). It looks like you have to use their questionnaire to respond, but this can be e-mailed to
h/t to Sue Bright for pointing me to this.

1 Comment

  1. LHA

    Consolidating the L &T Acts, LRHUDA, CLRA etc and sorting out the silly Daejan and Phillips position perhaps.


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