Comment on the proposed repeal of the Landlord and Tenant Act 1899

The Tenants’ Union submission June 2015 regarding the repeal of the Landlord and Tenant Act 1899, set out the following three concerns:

1. The repeal will add to red tape and regulatory burden
2. The Act has its uses for those who would rely on it
3. The repeal will affect the operation of the Landlord and Tenant (Amendment) Act 1948

"The repeal of the Landlord and Tenant Act 1899 will be to the significant detriment of tenants under the 1948 Act, as it will remove their fundamental protection against eviction without regard to the courts. Critical to this point is that the repeal of the Landlord and Tenant Act 1899 will also remove part of the mechanism by which possession orders may be obtained under the 1948 Act. Because there is no equivalent in the 1948 Act to the provisions at Part 4 of the Landlord and Tenant Act 1899, setting out a procedure for recovery of possession as the outcome of a court action, such action relies by implication upon the 1899 Act. This implication is bolstered by the express exclusion of sections 26 and 27 of the 1899 Act in proceedings under the 1948 Act, at section 69(3) of the 1948 Act."