HC Deb 01 July 1920 vol 131 cc844-6

(1)No order or judgment for the recovery of possession of any dwelling-house to which this Act applies, or for the ejectment of a tenant therefrom, shall be made or given unless— (b)the tenant or any person residing with him has been guilty of conduct which is a nuisance or annoyance to adjoining occupiers, or has been convicted of using the premises for an immoral or illegal purpose, or the condition of the dwelling-house has in the opinion of the court deteriorated owing to acts of waste by or the neglect or default of the tenant or any such person; or The existence of alternative accommodation shall not be a condition of an order or judgment on any of the grounds specified in paragraph (d) of this sub-section— (ii)where the court is satisfied by a certificate of the county agricultural committee, or by the Ministry of Agriculture, that the dwelling-house is required by the landlord for the occupation of a person engaged on work necessary for the proper working of an agricultural holding; or (5)An order or judgment against a tenant for the recovery of possession of any dwelling-house or ejectment therefrom under this section shall not affect the right of any subtenant to whom the premises or any part thereof have been lawfully sublet, before proceedings for recovery of possession were commenced, to retain possession under this section or be in any way operative against any such sub-tenant: Provided that any sub-tenant so retaining possession shall upon the making of such order, or the giving of such judgment against the tenant, be deemed to become the tenant of the landlord on the same terms as he would have held from the tenant if the tenancy had continued.

Lords Amendment:

In Sub-section (1, b), after the word "premises" ["using the premises for"] insert the words "or allowing the premises to be used."

Agreed to.

Lords Amendment:

In Sub-section (1, ii), leave out the words "by the Ministry of Agriculture," and insert instead thereof the words "of the Minister of Agriculture and Fisheries pending the formation of such Committee."

Dr. ADDISON

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

It is made necessary by the fact that in some districts Agricultural Committees have not yet been formed.

Question put, and agreed to.

Lords Amendment:

In Sub-section (5), after the word "possession" ["recovery of possession"] insert the words "or ejectment."

Agreed to.

Lords Amendment:

In Sub-section (5), after the word "sub-tenant" [any such sub-tenant"], insert a new Sub-section:— (6)Where a landlord has obtained an order or judgment for possession or ejectment under this section on the ground that he requires a dwelling-house for his own occupation and it is subsequently made to appear to the court that the order was obtained by misrepresentation or the concealment of material facts, the court may order the landlord to pay to the former tenant such sum as appears sufficient as compensation for damage or loss sustained by that tenant as the result of the order or judgment.

Dr. ADDISON

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

It takes the place of what was previously Sub-section (3) of Clause 17 of the Bill. It will be remembered by the House that it was agreed that where there had been concealment of facts under which an ejectment order or other order had been obtained it would be impossible to have the matter dealt with subsequently. It was pointed out by the Lord Chancellor and the Lord Chief Justice that this would mean an alteration of our usual procedure in the courts, and that it would be necessary to put in the Amendment which we now have before us. This makes it clear that where there has been a misrepresentation or a concealment of material facts the court may order the landlord to pay to the former tenant such sums as appear sufficient as compensation for damage or loss sustained by the tenant as the result of the order which was mistakenly obtained, and it means that the party which has been damaged by the order will receive due compensation, whereas before he would have received none or would have been ejected. It is a matter of great importance, and carries out the intentions of the House.

Question put, and agreed to.

Lords Amendment:

In Sub-section (5), leave out the words Provided that any sub-tenant so retaining possession shall upon the making of such order, or the giving of such judgment against the tenant, be deemed to become the tenant of the landlord on the same terms as he would have held from the tenant if the tenancy had continued.

Dr. ADDISON

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

This is only transferred to a late place in the Bill.

Question put, and agreed to.