HC Deb 14 March 1919 vol 113 cc1644-5

As from the passing of this Act the principal Act and the enactments amending that Act shall extend to houses or parts of houses let as separate dwellings where such letting does not include any land other than the site of the dwelling-house and a garden or other premises within the curtilage of the dwelling-house, and where— c) in the case of a house situated elsewhere, both the annual amount of the standard rent and the net rateable value of the house or part of the house exceed twenty-six pounds, and neither exceeds fifty-two pounds; and shall also extend to mortgages (not being mortgages to which the principal Act as originally enacted applies), where the mortgaged property consists of or comprises one or more of such dwelling-houses as aforesaid or any interest therein, subject, however, to the exceptions mentioned in Sub-section (4) of Section two of the principal Act, but in the application to those houses and mortgages the principal Act and the enactments amending that Act shall have effect, subject to the following modifications:—

  1. (i) for Sub-section (1) of Section one of the principal Act, exclusive of the provisoes to that Sub-section, the following provisions shall be substituted:—
    • Where the rent of a dwelling-house to which this Act applies or the rate of interest on a mortgage to which this Act applies has been since the twenty-fifth day of December nineteen hundred and eighteen, or is hereafter increased and such increase would apart from this Act have been recoverable, then, if the increased rent exceeds by more than ten per centum the standard rent, or the increased rate of interest exceeds by more than one half per centum per annum the standard rate, the amount of such excessshall, notwithstanding any agreement to the contrary, be irrecoverable from the tenant or the mortgagor, as the case may be, and if paid may be recovered by the tenant or mortgagor in the manner and subject to the provisions of Sub-section (1) of Section five of the Courts (Emergency Powers) Act, 1917;
  2. (ii) in Sub-section (2) and (4) of Section one of the principal Act, the fourth day of March nineteen hundred and nineteen shall be substituted for the twenty-fifth day of November nineteen hundred and fifteen;

Sir G. HEWART

I beg to move, in paragraph (c), to leave out the word "net" ["net rateable value"].

The object of this Amendment is in order not to say the same thing twice over, as the contrast is between the gross rental on the one hand and rateable value on the other.

Amendment agreed to.

Sir G. HEWART

I beg to move, in paragraph (i), after the word "excess," to insert the words above ten per cent. or one-half per cent. as the case may be. This is a mere alteration of drafting, in order to show quite clearly what the intention is. Grammatically the sentence now gives rise to certain difficulty.

Amendment agreed to.

Further Amendment made: In paragraph (ii), after the word "in," insert proviso 1, Sub-section (1), and."—[Sir G. Hewart.]