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Cite as: [2004] EWLC 174(AppendixA)

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APPENDIX A

DERIVATIONS

Comparison of The Termination Of Tenancies for Tenant Default Consultation Paper (2003) and First Report on Forfeiture of Tenancies (1985, law com No 142)

This Appendix traces the recommendations contained in the Law Commission Report on the Forfeiture of Tenancies (Law Com No 142).

Part XXII of that Report summarises the recommendations by reference to the Part of the Report in which they are made. Only those recommendations which are relevant to the content of this Consultation Paper are referred to.

Part IV: Preliminary

Recommendations (6) to (9) all confirmed.

Part V: Grounds for a Termination Order

Recommendation (10) confirmed, subject to change in terminology.

Recommendations (11) to (14) confirmed.

Recommendation (15) not confirmed.

Recommendations (16) to (20) confirmed.

Part VI: Waiver

Recommendations (21) to (23) not confirmed.

Part VII: Breaches should remain Grounds for Termination Proceedings even though remedied

Recommendation (24) confirmed.

Part VIII: Starting Proceedings: Time Limits and Notices

Recommendation (25) confirmed.

Recommendations (26) to (33) not confirmed.

Part IX: The Court's Powers at the Hearing

Recommendations (34) to (39) confirmed.

Recommendation (40) confirmed.

Recommendation (41) not confirmed.

Recommendation (42) confirmed.

Recommendations (43) to (49) not confirmed.

Recommendation (50) confirmed.

Recommendation (51) confirmed, with some small amendments.

Recommendations (52) and (53) confirmed.

Recommendations (54) and (55) confirmed.

Part X: Derivative Interests

Recommendation (56) not confirmed, as being outside the scope of this CP.

Recommendations (57) to (62) confirmed in general terms.

Recommendation (63) confirmed, albeit with fewer extensions than contemplated in Report.

Recommendation (64) confirmed.

Recommendation (65) not confirmed.

Recommendations (66) to (70) confirmed.

Recommendations (71) to (78) confirmed.

Recommendation (79) not confirmed.

Recommendations (80 and (81) confirmed.

Recommendation (82) confirmed.

Recommendations (83) and (84) confirmed in general terms.

Recommendation (85) not confirmed.

Recommendation (86) confirmed.

Part XI: Abandoned Premises

Recommendation (87) not confirmed.

Recommendation (88) not confirmed.

Part XII: Joint Tenants

Recommendations (89) to (92) confirmed.

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