§ Where a landlord proves, to the satisfaction of an arbitrator appointed under the Act of 1908, on the termination of the tenancy of a holding, that the value of the holding has been deteriorated during the tenancy by the failure of the tenant to cultivate the holding according to the rules of good husbandry and the terms of the contract of tenancy, the arbitrator may award to the landlord such compensation as in his opinion represents the deterioration of the holding due to such failure.
§ Mr. HUGH MORRISONI beg to move, at the end of the Clause, after the words last inserted, to insert the words
Provided that no compensation shall be awarded where the landlord has failed to satisfy the arbitrator that he drew the attention of the tenant in writing during the tenancy to such failure on the part of the tenant to cultivate the holding according to the rules of good husbandry and the terms of the contract of tenancy, and that he gave the tenant a reasonable opportunity of remedying such failure.The object of this Amendment is to protect the farmer and ensure that the landlord only gets compensation if he has warned the tenant and satisfied the arbitrator that he has warned him as a tenant in writing that he has not farmed according to the rules of good husbandry or has broken the contract of tenancy, and the tenant has been given some reasonable opportunity of remedying such failure The Amendment is one of substance. It is necessary to protect the tenant farmer in this way, and I should like to ask the right hon. Gentleman in charge of the Bill to accept this Amendment.
The PARLIAMENTARY SECRETARY to the MINISTRY of AGRICULTURE (Sir Arthur Boscawen)In the discussion on this Clause we have shown that we wish to make it as far as possible correspond with Clause 10. Clause 10 compels the landlord to pay compensation for continuous good farming to a tenant. This Clause com- 266 pels the tenant to pay compensation to the landlord where by continuous bad farming he has deteriorated his holding. In Clause 10 there is no such provision as the one which is now proposed by my hon. Friend, and I do not think, therefore, any such provision could be of service in Clause 13. I realise it is intended to protect the tenant, but it might be very hard on the landlord. The landlord might not be aware, and therefore might not have a chance of giving notice, and if he had a chance of giving notice there might not have been time for the tenant, between the notice and the termination of the tenancy, to remedy his bad farming. I think we must stick to the principle that the Clauses should correspond as far as possible, and therefore I cannot accept this Amendment.
§ Mr. ACLANDI agree with the Parliamentary Secretary. I should like to answer his question. The principle that the two provisions should coincide is, I am sure, the right one. Does he mean to carry that out by accepting the next Amendment on the Paper?
§ Mr. ACLANDThat would put it on all fours.
§ Amendment negatived.
§ Major MACKENZIE WOODI beg to move, at the end of Clause 13, to insert the words
Provided that this Section shall not apply in any case unless a record of the condition of the holding has been made under this Act or in respect of any matter arising before the date of the record so made.
§ Mr. ACLANDI think there will be some Amendment needed to bring it into practical conformity with the Act of 1908. The right hon. Gentleman will remember that the words were inserted in the other Clause.
Sir A. BOSCAWENI think my right hon. Friend is right, but it would be rather difficult to devise the proper words here, but I will make a note of it and, if possible, get it put right in another place.
Lieut.-Colonel A. MURRAYWill the right hon. Gentleman not consider whether he could put in the Act of 1908?
Sir A. BOSCAWENThat is what I said. I accept the Amendment as it stands, and undertake that the application of these words shall be reconsidered elsewhere.
§ Amendment agreed to.