HC Deb 01 July 1920 vol 131 cc847-51

(1)For the purposes of this Act; except where the context otherwise requires:— (c)The expression "net rent" means, where the landlord at the time by reference to which the standard rent is calculated paid the rates chargeable on, or which but for the pro-visions of any Act would be chargeable on the occupier, the standard rent less the amount of such rates, and in any other case the standard rent; (f) The expression "landlord" also includes in relation to any dwelling-house any person, other than the tenant, who is or would but for this Act be entitled to possession of the dwelling-house, and the expressions "tenant and tenancy' include subtenant and sub-tenancy, and the expression "let" includes sub-let; and the expression "tenant" includes the widow of a tenant dying intestate who was living with him at the time of his death, or where a tenant intestate dies leaving no widow any member of his family so residing with him, any question as to which member of his family, in the case of more than one so residing, is to be the tenant to be decided in default of agreement by the county court; (g)The expression "mortgage" includes a land charge under the Land Transfer Acts, 1875 and 1897. (2) This Act shall apply to a house or a part of a house let as a separate dwelling, where either the annual amount of the standard rent or the rateable value does not exceed—

Provided that— (iii) for the purposes of this Act any land or premises let together with a house shall, if the rateable value of the land or premises let separately would be less than one quarter of the rateable value of the house, be treated as part of the house, but subject to this provision this Act shall not apply to a house let together with land other than the site of the house. (4) Subject to the provisions of this Act, this Act shall apply to every mortgage where the mortgaged property consists of or comprises one or more dwelling-houses to which this Act applies, or any interest therein, except that it shall not apply— (b) to an equitable charge by deposit of title deeds or otherwise. (5) When a mortgage comprises one or more dwelling-houses to which this Act applies and other land, and the rateable value of such dwelling-houses is more than one-tenth of the whole of the land comprised in the mortgage, the mortgagee may apportion the principal money secured by the mortgage between such dwelling-houses and such other land by giving one calendar month's notice in writing to the mortgagor, such notice to state the particulars of such apportionment, and at the expiration of the said calendar month's notice this Act shall not apply to such part of the said principal money as is apportioned to such other land, and for all purposes, including the mortgagor's right of redemption, the said mortgage shall operate as if it were a separate mortgage for the respective portions of the said principal money secured by the said dwelling-houses and such other land, respectively, to which such portions were apportioned: Provided that the mortgagor shall before the expiration of the said calendar month's notice be entitled to dispute the amounts so apportioned as aforesaid, and in default of agreement the matter shall be determined by a single arbitrator appointed by the President of the Surveyors' Institute. (9) This Act shall not apply to a dwelling-house erected after or in course of erection on the second day of April nineteen hundred and nineteen, or to any dwelling-house which has been since that date or was at that date being bonâ fide reconstructed by way of conversion into two or more separate and self-contained flats or tenements; but for the purpose of any enactment relating to rating. the gross estimated rental or gross value of any such house to which this Act would have applied if it had been erected before the third day of August nineteen hundred and fourteen, and let at that date, shall not exceed—

Lords Amendment:

At end of Sub-section (1, c), insert a new paragraph— (d) The expression 'rates' includes water rents and charges, and any increase in rates payable by a landlord shall be deemed to be payable by him until the rate is next demanded.

Agreed to.

Lords Amendment:

In Sub-section (1, f), leave out the words "living with him at the time of his death, or where a tenant intestate dies leaving no widow any member of his family so residing with him, any question as to which member of his family, in the case of more than one so residing is to," and insert instead thereof the words "residing with him at the time of his death, or where a tenant dying intestate leaves no widow or is a Woman, such member of the tenant's family so residing as aforesaid as may."

Dr. ADDISON

I beg to move "That this House doth agree with the Lords in the said Amendment."

It was undertaken by me on the Report stage that in defining a tenant I would include the case where the tenant was a widow. The definition did not originally apply to a widow as being a tenant, and this carries the definition on so as to include such a tenant.

Question put, and agreed to.

Lords Amendment:

At end of Sub-section (1, g), insert a new paragraph— (h) The expressions 'statutory undertaking' and 'statutory duties or powers' include any undertaking, duties or powers, established, imposed or exercised under any order having the force of an Act of Parliament.

Agreed to.

Lords Amendment:

In Sub-section (2 (iii)), leave out the word "quarter" ["one quarter of the rateable value"], and insert instead thereof the word "eighth"

Read a Second time.

Dr. ADDISON

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This is the case where, for the purposes of the Act, any land or premises let together with a house shall, if the rateable value of the land or premises let separately would be less than one quarter of the rateable value of the house, be treated as part of the house. It is proposed by the Amendment that one-eighth shall be inserted instead of one quarter.

Major BARNES

I think this Amendment requires a little more careful consideration before we pass it. As I understand it, the effect of this particular section is to remove from the operation of this Act certain properties and among them those where there is property other than the site of the house. When the Bill left the House it left it in this condition, that if you had a property in the country with a house rated at £20 and there was land attached to the house rated at £5 then that property would come within the operation of the Act; but if it was rated at £6 it would be outside the Act. I under-stand the effect of the Amendment is that if there is in the case of a country property, land attached to a house of that kind of a rateable value of £20, if the rateable value of the land exceed £2 10s. Od. it will be taken outside the scope of this Act. That seems rather more serious in its effect than the right hon. Gentleman appears to think.

Dr. ADDISON

The house will not be taken out of it but only the land. only the land in excess of one-eighth.

Major BARNES

The last part of Sub section (3) says that, subject to this provision, this Act shall not apply to a house let together with land other than the site of the house. That, I understand, is really the operative part of that Subsection, that if the land which is attached to the house is more than a quarter of the rateable value then it comes within the scope of the Bill. It has been reduced by one half. The effect is to take out of the scope of the operation of this Act a number of houses which have a small piece of land attached. That is a serious matter. It is just as difficult to get houses in the country even if a little land is attached to them as it is in the town.

Dr. ADDISON

I do not purpose to differ from their Lordships' Amendment. It is not one of great importance.

Colonel WEDGWOOD

It is because it is of importance to the landlord interest that this Amendment should be carried, that it was introduced into the Bill. The real point is this—

Dr. ADDISON

I am perfectly content to meet the wish of the House.

Question put, and negatived.

Lords Amendments:

At end of Sub-section (4, b) insert the words "or (c) to any mortgage which is created after the passing of this Act.

In Sub-section (5), after the word "the" ["one-tenth of the whole"], insert the words "rateable value of the". Leave out the words "such part of the said principal money as is apportioned" and insert instead thereof the words "the mortgage so far as it relates". Leave out the word "Institute" ["Surveyors' Institute"], and insert instead thereof the word "Institution."

In Sub-section (9), after the word "erected" ["been erected before"], insert the words "or so reconstructed."

Agreed to.