HC Deb 06 November 1912 vol 43 cc1399-400

(1) Upon the conviction, after the passing of this Act, of the tenant, lessee, or occupier of any premises of knowingly permitting the premises, or any part thereof, to be used as a brothel or for purposes of habitual prostitution, the landlord or lessor shall be entitled to require the person so convicted to assign the lease or other contract under which the said premises are held by him to some suitable person approved by the landlord or lessor, which approval shall not be unreasonably withheld, and, in the event of the person so convicted failing within three months to assign the lease or contract as aforesaid, the landlord or lessor shall be entitled to determine the lease or other contract but without prejudice to the rights or remedies of any party to such lease or contract accrued before the date of such determination. If the landlord or lessor should so determine the lease or other contract of tenancy the Court which has convicted the tenant, lessee, or occupier shall have power to make a summary order for delivery of possession to the landlord or lessor.

(2) If the landlord or lessor after such conviction has been brought to his notice fails to exercise his rights under the foregoing provisions of this Section and subsequently during the subsistence of the lease or contract any such offence is again committed in respect of the premises, the landlord or lessor shall be deemed to have knowingly aided or abetted the commission of that offence unless he proves that he had taken all reasonable steps to prevent the recurrence of the offence.

(3) Where a landlord or lessor determines a lease or other contract under the powers conferred by this Section and subsequently grants another lease or enters into another contract of tenancy to, with, or for the benefit of the same person without causing to be inserted in such lease or contract all reasonable provisions for the prevention of a recurrence of any such offence as aforesaid, he shall be deemed to have failed to exercise his rights under the foregoing provisions of this Section, and any such offence as aforesaid committed during the subsistence of the subsequent lease or contract shall be deemed, for the purposes of this Section, to have been committed during the subsistence of the previous lease or contract.

(4) A person quitting premises in Ireland held by him under a lease or contract which has been determined in pursuance of this Act shall not be entitled to compensation under the Town Tenants (Ireland) Act, 1906.

Mr. WEDGWOOD

I beg to move, in Sub-section (1), after the word "premises" ["premises, or any part thereof, to be used."], to leave out the words "or any part thereof."

Yesterday we omitted from Clause 3 words equivalent to these, and we did so presumably for the person in charge of premises used for the purposes of habitual prostitution to escape prosecution. What I am desirous of doing here is to provide some safeguard. I understand from the Home Secretary that he will accept subsequent words.

Mr. BOOTH

I beg to second the Amendment.

The SECRETARY of STATE for the HOME DEPARTMENT (Mr. McKenna)

I think, if we leave out the subsequent words, "or for purposes of habitual prostitution," it will be quite clear. [HON. MEMBERS: "Agreed."] I do not accept this Amendment, but the subsequent Amendment.

Amendment, by leave, withdrawn.

Amendments made: In Sub-section (1) leave out the words, "or for purposes of habitual prostitution." Leave out the word "suitable" ["some suitable person"].—[Mr. Wedgwood.]