HC Deb 30 July 1923 vol 167 cc1113-5

(1) Sub-section (1) of Section five of the principal Act (which relates to restriction on right to possession) shall from and after the passing of this Act have effect subject to the following Amendments:

(a) for paragraph (b) the following paragraph shall be substituted— (b) the tenant or any person residing or lodging with him or being his subtenant has been guilty of conduct which is a nuisance or annoyance to adjoining occupiers, or has been convicted of using the premises or allowing the premises to be used 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, and, where such person is a lodger or sub-tenant, the court is satisfied that the tenant has not, before the making or giving of the order or judgment, taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant; or

(b) for paragraph (d) the following paragraph shall be substituted— (d) the dwelling-house is reasonably required by the landlord for occupation as a residence for himself or for any son or daughter of his over eighteen years of age or for any person bona fide residing with him or for some person engaged in his whole time employment or in the whole time employment of some tenant from him or with whom, conditional on housing accommodation being provided, a contract for such employment has been entered into and (except as otherwise provided by this Sub-section) the court is satisfied that alternative accommodation is available which is reasonably suitable to the means of the tenant and to the needs of the tenant and his family as regards extent, character, and proximity to place of work and which consists either of a dwelling-house to which the principal Act applies, or of premises to be let as a separate dwelling on terms which will afford to the tenant security of tenure reasonably equivalent to the security afforded by the principal Act; or

(c) for paragraph (e) the following paragraph shall be substituted— (e) the dwelling-house is reasonably required for the purpose of the execution of the statutory duties or powers of a local authority, or statutory undertaking, or for any purpose which, in the opinion of the court, is in the public interest, and the court in either case is satisfied as aforesaid as respects alternative accommodation; or

(d)the following paragraphs shall be added at the end of paragraph (g)— (h)"the tenant without the consent of the landlord has at any time after the thirty-first day of July, nineteen hundred and twenty-three, assigned or sub-let the whole of the dwelling-house or sub-let part of the dwelling-house, the remainder being already sub-let"; (i) the dwelling-house consists of or includes premises licensed for the sale of intoxicating liquor, and the tenant has committed an offence as holder of the licence or has not conducted the business to the satisfaction of the licensing justices or the police authority, or has carried it on in a manner detrimental to the public interest, or the renewal of the licence has for any reason been refused;

(e) in paragraph (ii) the words "or with whom, conditional on housing accommodation being provided, a contract for employment on such work has been entered into" shall be inserted after the word "holding."

(f) the following paragraph shall be substituted for paragraph (iv):— (iv) where the dwelling-house is reasonably required by the landlord for occupation as a residence for himself or for any son or daughter of his over eighteen years of age and where the landlord or the husband or wife of the landlord, did not become the landlord before the thirtieth day of June, nineteen hundred and twenty-two, the court is satisfied that greater hardship would be caused by refusing to grant an order or judgment for possession than by granting it.

(2) Sub-section (6) of Section five of the principal Act shall be extended— (a) so as to apply in any case where the landlord has, after the passing of this Act, obtained an order or judgment for possession or ejectment on any of the grounds specified in paragraph (d) of Sub-section (1) of the said Section, and it is subsequently made to appear to the court that the order or judgment was obtained by misrepresentation or concealment of material facts; and (b) so as to authorise the court, in addition to making an order for payment of compensation by the landlord to the former tenant, to direct that the dwelling-house shall not be excluded from the principal Act by reason of the landlord having come into possession thereof under the said order or judgment, and if such a direction is given the principal Act shall apply and be deemed to have applied to the dwelling-house as from the date mentioned in such direction.

Lords Amendment:

Leave out Clause 3 and insert