HC Deb 23 July 1891 vol 356 cc210-1

Considered in Committee.

(In the Committee.)

Clause 3.

Amendment proposed, at the end of the Clause, to add the words— (2.) Provided that, in any case coming within the operation of this section, the lessor may require the assignee or under lessee, or other person to whom possession is given, at his own cost of produce to the lessor or his agent, and allow him to inspect and make a note of the deed of assignment or under lease, or other document transferring possession, and to pay a reasonable fee to the agent of the lessor for making the inspection and note, and also to execute and deliver to the lessor a deed of covenant on the part of such assignee, under lessee, or other person to pay the rent reserved by and to observe and perform the covenants and conditions of the lease, and any licence or consent given by the lessor shall in such case become void if such deed of assignment, under lease, or other document be not produced, or if a reasonable fee be not paid or tendered as aforesaid within six months from the date of such assignment, under lease, or other document, or if such deed of covenant be not executed and delivered to the lessor or his agent within the game time. (3.) This section, and sub-section three of section two, are not to apply to any lease of,—

  1. (a.) Agricultural land;
  2. (b.) Mines or minerals;
  3. (c.) A house used or intended to be used as a public house or beer shop;
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  4. (d.) A house let as a dwelling house, with the use of any furniture, library, works of art, or other chattels not being in the nature of fixtures;
  5. (e.) Any property with respect to which the personal qualifications of the tenant are of importance for the preservation of the value or character of the property."—(Mr. Rentoul.)

Question, "That those words be there added," put, and agreed to.

Clause, as amended, agreed to.

Amendment agreed to.

Clauses 4 and 5 amended and agreed to.

New Clause.

Amendment proposed, in page 1, after Clause 1, insert the following Clause:—

(Conditions of actions for recovery.)

"(1.) It shall not be necessary for a lessor before commencing an action for the recovery of land leased, on the ground of any breach of any covenant or condition against assigning, under-letting, or parting with the possession, or disposing of the land leased, or on the ground of forfeiture on the bankruptcy of the lessee, or of the taking in execution of the lessee's interest, to serve on the lessee the notice required by sub-section one, of section fourteen, of 'The Conveyancing and Law of Property Act, 1881.'

(2.) The lessor shall be entitled to recover as a debt due to him from the lessee, and in addition to damages (if any), all reasonable costs and expenses properly incurred by the lessor in the employment of a solicitor and surveyor or valuer, or otherwise, in reference to any breach giving rise to a right of re-entry or forfeiture which, at the request of the lessee, is waived by the lessor by writing under his hand, or from which a lessee is relieved, under the provisions of 'The Conveyancing and Law of Property Act, 1881,' or of this Act.

(3.) Sub-section six of the before-mentioned section fourteen is to apply to a condition for forfeiture on bankruptcy of the lessee, or on taking in execution of the lessee's interest only after the expiration of one year from the date of the bankruptcy or taking in execution, and provided the lessee's interest be not sold within such one year, but in case the lessee's interest be sold within such one year, sub-section six shall cease to be applicable thereto,"—(Mr. Kelly,)

—brought up, and the first and second time, and added.

Bill reported; as amended, to be considered upon Monday next, and to be printed. [Bill 427.]