§ Where land is let for the provision of allotments either to a council under the principal Act or to an association formed for the purpose of creating or promoting the creation of allotments the right of the council or association to claim compensation from the landlord on the determination of the tenancy shall be subject to the terms of the contract of tenancy notwithstanding the provision of any Act to the contrary.
§ Provided that this Section shall not prejudice or affect any right on the part of a person holding under a tenancy granted by the council or 1193 association to claim compensation from the council or association on the determination of his tenancy. — [Sir E. Pollock.]
§ Brought up, and read the first time.
§ The SOLICITOR-GENERAL (Sir E. Pollock)I beg to move,
That the Clause be read a second time.This is intended to meet a somewhat important though perhaps rather technical difficulty which has occurred. It has been represented by a number of allotment authorities that one of the objections raised by landlords who have building land to letting the land for allotments is the possibility of having to meet claims which might be made upon them at the end of the tenancy under the Agricultural Holdings Act or the Cottage Gardens Compensation for Crops Act, 1887. In other words, where suitable land is available those persons who own the land are afraid of making disturbance in the occupation of it for fear that claims should fall upon them. The Acts I have mentioned cannot be contracted out of. They form an absolute liability upon the landlord to pay compensation. In order to remove that difficulty and to give the allotment authorities the best opportunity of securing this land, if the owners are willing for it to be used for the purpose, we propose to put this Clause in, which is a permissive Clause, to enable the question of compensation to be dealt with. Under it, the cost can be easily recouped by a very small additional sum which will have to be paid by the allotment-holder. It will be a very small sum indeed, but it is a way of financing the scheme and at the same time it would be possible to remove the reluctance of the owners of building land to let allotment authorities have it.
§ Question put, and agreed to.
§ Clause accordingly read a second time, and added to the Bill.