HC Deb 02 December 1919 vol 122 cc261-2

Section seventeen of the Act of 1911 (which relates to amendment of law as to vacant holdings) shall be amended by the addition thereto of the following proviso: Provided further that where a landlord lets a holding otherwise than in compliance with the provisions of this Section, the Board shall be entitled to declare the let null and void and without payment of any compensation to treat the holding as if it had been duly constituted a new holding under this Act, or assign the same for the enlargement of a neighbouring holding or holdings.— [Mr. Munro.]

Brought up, and read the first time.

The SECRETARY for SCOTLAND (Mr. Munro)

I beg to move, "That the Clause be read a second time."

This new Clause has been put down following on a discussion which we had upstairs at the instance of my hon. and gallant Friend the Member for Aberdeenshire. It relates to vacant holdings. Section 17 of the Act of 1911, in order to secure that holdings shall not be relet in a different tenancy, provides that the landlord shall intimate the vacancy to the Board, in order that the Board may make new arrangements about the continuation of the tenure. In practice it has been found that such intimation is frequently not given. The Section contains no penalty if the landlord fails to intimate the vacancy. In such a case the Board of Agriculture may be quite unaware of the vacancy. The Land Court makes no order, and the landlord is not disentitled to relet without consent Under those circumstances it is not surprising to learn that, as a matter of fact, the small holdings which have disappeared by merging into farms or otherwise, have been more numerous than the new holdings which have been created under the Small Landholders Act. This new Clause is designed to secure an intimation of the vacancy to the Board in every case. If 'the landlord does not comply with the provisions of Section 17, the Board can declare his letting of the holding to be null and void, and can proceed to deal with it, as if it were a new holding constituted by the Board, or they may assign it to a neighbouring holder as an enlargement. It is thought that knowledge of these possibilities will ensure notice to the Board at the instance of the landlords of those holdings as they become vacant. That is the object of the Clause. I think it will be effective, and as such I commend it to the House.

Question put, and agreed to.

Clause accordingly read a second time, and added to the Bill.