§ COMMONS AMENDMENTS TO THE AMENDMENTS MADE BY THE LORDS TO THE AMENDMENTS MADE BY THE COMMONS TO THE LORDS AMENDMENTS, AND COMMONS REASONS FOR DISAGREEING TO CERTAIN OF THE SAID LORDS AMENDMENTS.
§ The Commons propose to amend the amendments made by the Lords to the amendment made by the Commons to the Lords amendment in page 2, line 5, by leaving out the words ("or acquired, and have in the main been upheld"), and inserting in lieu thereof the following words ("by the landlord or his predecessors in title, and have been substantially maintained"), by leaving out the word ("or") and inserting the word ("and"), and also by leaving out the words ("made or acquired ").
§ The Commons disagree to the amendment made by the Lords in page 2, line 28, for the following Reasons:
- (1.) Because the purchase of the tenant right by the landlord in Ulster placed the landlord and tenant in the same relative position as they occupy in the rest of Ireland, and it would be unjust in the application of this Bill to subject the tenants in. Ulster to a disadvantage which is not imposed on the tenants in any other part of Ireland:
- (2.) Because the landlord if he has not increased the rent so as to obtain a return for his investment in the purchase of the tenant right (including the tenant's improvements) may still have the rent fairly increased by application to the court.
§ The Commons propose to amend the amendment now proposed by the Lords in page 6, lines 3 and 4, by inserting after the word ("coal pits") the following words ("subject to such rights in respect thereof as the tenant under the contract of tenancy subsisting immediately before the commencement of the statutory term was lawfully entitled to exercise")
§ The Commons do not insist on their disagreement with the amendment made by the Lords in page 6, line 8, but propose as a consequential amendment to insert in page 6, line 7, after the word ("tenancy") the words ("save as hereinafter provided")
§ The Commons disagree to the amendment now proposed by the Lords in page 6, line 37, for the following Reason:
§ Because they believe that their alteration of the scale of compensation for disturbance is expedient with a view to the effectual protection of the tenant against unreasonable and unjust eviction.
§ The Commons propose to amend the amendment now proposed by the Lords in page 8, line 15, by restoring the words omitted and by inserting the words ("or after") before the words ("the parties have otherwise failed to come to an agreement") inserted by their Lordships.
2010§ The Commons disagree with the amendment now proposed by the Lords in page 8, line 23, for the following Reason:
§ Because the object of the amendment is already fully provided for by the equities clause (ş 8).
§ The Commons disagree with the amendment now proposed by the Lords in page 8, line 35, for the following Reason:
§ Because it is desirable that for a reasonable time after the passing of the Act the tenant should not be liable to disturbance by "resumption" save for some breach of duty or for some public purpose.
§ The Commons propose to amend the amendment made by the Lords to the amendment made by the Commons to the Lords amendment in page 9, line 16, by leaving out the words ("or acquired and have been in the main upheld") and inserting in lieu thereof the following words ("by the landlord or his predecessors in title, and have been substantially maintained"); and also by leaving out the word ("or") and inserting the word ("and")
§ The Commons disagree to the amendment now proposed by the Lords to the words restored to the Bill in page 9 at the end of sub-section 8, for the following Reason:
§ Because, having regard to the clause already inserted in the Bill these words are superfluous, but the Commons propose to amend the clause by inserting the word ("otherwise") before the word ("compensated") so as to indicate that the latter word includes other words of compensation besides direct payment.
§ The Commons agree to their Lordships amendments in page 9, line 42, and propose, as consequential thereto, to re-insert the words omitted by their Lordships in the same clause in page 8, line 20, and also in page 11, line 12.
§ The Commons do not insist on their disagreement with the amendment made by the Lords in page 16, line 9; but they propose in place of the words struck out by the Lords to insert the words ("Provided that at the expiration of such existing leases, or of such of them as shall expire within sixty years after the passing of this Act, the lessees, if bonâ fide in occupation of their holdings, shall be deemed to be tenants of present ordinary tenancies from year to year, at the rents and subject to the conditions of their leases respectively, so far as such conditions are applicable to tenancies from year to year; but this provision shall not apply where a reversionary lease of the holding has been bonâ fide made before the passing of this Act; and provided also that where it shall appear to the satisfaction of the Court that the landlord desires to resume the holding for the bonâ fide purpose of occupying the same as a residence for himself, or as a home farm in connexion with his residence, or for the purpose of providing a residence for some member of his family, the Court may authorise him to resume the same accordingly, in the manner and on the terms provided by the fifth section of this Act with respect to the resumption of a holding by a landlord: Provided always, that if the holding so resumed shall be at any time within fifteen years after such resumption re-let to a tenant, the same shall be subject, from and after the 2011 time of its being so re-let, to all the provisions of this Act which are applicable to present tenancies")
§ The Commons propose to amend the amendment made by the Lords to the words restored by the Commons in page 16, line 24, by inserting therein after the word ("may") the words ("by leave of the Court, which leave shall be granted unless the Court shall consider the appeal frivolous or vexatious ")
§ With the preceding exceptions the Commons do not insist on their disagreements to the amendments on which the Lords have insisted, and agree to the amendments made by the Lords to the Commons amendments and to the Lords consequential amendments.
§ Reasons for disagreement to the Amendments made by The Lords to the Commons Amendments to The Lords Amendments reported, and agreed to:—To be communicated to the Lords.