HC Deb 24 May 1905 vol 146 cc1246-7
MR. FLAVIN

I beg to ask the Chief Secretary to the Lord-Lieutenant of Ireland whether Form P under The Land Purchase Act, 1903, is an agreement or undertaking between the tenant of a holding and the Estates Commissioners, and not an agreement between the tenant and his landlord; whether he is aware that landlords, agents, or their solicitors are using Form P and getting tenants to sign same and agree to purchase terms where the estate is to be sold to the Estates Commissioners, said agreement being signed by the tenant before the estate is offered for sale by the landlord to the Estates Commissioners; and whether he will take steps to secure that landlords, agents, or their solicitors shall not use Form P in such a way as to debar the tenants from any benefits which they otherwise might receive from a direct sale by the Estates Commissioners to the tenants.

THE ATTORNEY-GENERAL FOR IRELAND (MR. ATKINSON,) Londonderry, N.

My right hon. friend has asked me to reply to this Question. Form P is an undertaking by the tenant to the effect that, in the event of the sale of the estate to the Land Commission, he will purchase his holding from the Commissioners at the price named. This undertaking is entered into with a view to the sale of the estate to the Land Commission under Section 6, and is conditional on that sale being effected; and if the hon. Member will refer to Section 6 he will see that it would be almost impossible that the conditions in that section could be fulfilled unless some preliminary negotiations of this kind were entered into. I am not aware whether landlords or agents are acting in the manner mentioned, but as Form P is provided for a particular class of cases, the Estates Commissioners may be trusted not to permit it to be used in cases to which it is inapplicable, or to the prejudice of the rights of the tenants. It is not necessary to make any regulation dealing with the matter.

MR. FLAVIN

Do not the landlords who use this form get the tenants, to agree to certain prices before the estate is offered to the Estates Commissioners?

MR. ATKINSON

Some preliminary negotiations are, of course, necessary to enable the Commissioners to do the things specified in the section.

MR. FLAVIN

But having got the tenant to sign the agreement, is it not the case that the landlord may proceed against him for the old rent?

MR. ATKINSON

The whole thing is conditional.

MR. FLAVIN

But the tenant has no protection against the landlord or his agent.