HC Deb 19 December 1919 vol 123 cc955-6

(1) After the passing of this Act no Order or judgment for the recovery of possession a dwelling-house to which the Increase of Rent, etc., Act of 1913 (hereinafter called the principal Act) or any of the Acts amending the same applies, or for the ejectment of a tenant therefrom, shall be made or given, so long the tenant continues to pay rent at the agreed rate as modified by the principal Act or any of the Acts amending the same and performs the other conditions of the tenancy, unless—

  1. (a) the tenant has committed waste or has been guilty of conduct which is a nuisance or an annoyance to adjoining or neighbouring occupiers, and the Court considers it reasonable to make such an Order or give such judgment; or
  2. (b)the tenant by sob-letting the dwelling house or any part thereof or by taking is lodgers is making a profit which, having regard to the rent paid by the tenant, is 956 unreasonable, and the Court considers it reasonable to make such an Order or give such. judgment.

Motion made, and Question proposed, "That the Clause stand part of the Bill."

Sir J. BUTCHER

Might I ask the exact effect of paragraph (b), where it says that "the Court may, where it considers it reasonable, make an order for possession if the tenant by sub-letting the dwelling-house or any part thereof, or by taking in lodgers, is making a profit which, having regard to the rent paid by the tenant, is unreasonable? Is that unreasonable profit taken to cover the actual rent paid and the profit made by taking in lodgers? Supposing a man pays £10 a year and sub-lets to get £30 or £40 per year, and £10 is attributed to the rent and £20 to other reasons, is he allowed to make a profit out of the actual rent that he receives? Is he able, while he gets the house at a small rent, to let it out to others for a largely increased rent? It seems to me that in a case like that the landlord ought to be allowed to get possession for other people. I should, therefore, like a little snore explanation of the Clause.

Sir G. HEWART

Paragraph (b), like paragraphs (a) and (c), ends with the words "and the Court considers it reasonable to make such an order or give such judgment." In other words, the method is to give the Court a discretion in each case. This particular paragraph is in substitution for the existing general provision, and it provides that an order may be made where the tenant by subletting the dwelling-house or any part thereof, or by taking in lodgers, is making a profit which, having regard to the rent paid by the tenant, is unreasonable. It is quite true that there is no definition of "unreasonable profits," but I should imagine that in any case where a tenant by sub-letting was making any substantial profit over and above the rent that he was paying to the landlord the County Court judge would say that was never the object of the legislation, and would therefore make the order.

Clause 2 (Short Title, Construction and Repeal) ordered to stand part of the Bill.

Schedule agreed to.

Bill reported, without Amendment; read the third time, and passed, without Amendment.