HC Deb 11 November 1927 vol 210 cc592-4
Sir W. JOYNSON-HICKS

I beg to move, in page 23, line 12, after the word "expended," to insert the words including any proper costs, charges, or expenses incurred by a landlord in opposing any proposal by a tenant to execute an improvement or in contesting a claim for compensation. This Amendment is purely consequential on the Amendment inserted earlier, in Clause 11, page 12, line 42.

Mr. RYE

I beg to move, as an Amendment to the proposed Amendment, at the end, to insert the words "or of carrying out any improvement as aforesaid."

The landlord has the right when the tenant has applied for leave to make an improvement, to carry out the improvement himself. In that case, if the landlord did carry out the improvement, he would presumably instruct a person to survey and supervise the work, prepare plans, &c, and the cost of that work, that is, the surveyor's fees, &c., should be properly added to the amount which the landlord would be entitled to charge as costs.

Colonel APPLIN

I beg to second the Amendment to the proposed Amendment.

Sir W. JOYNSON-HICKS

The words now proposed by the hon. Member are not necessary. In connection with the carrying out the improvements by the landlord, the costs, of course, are costs under the provisions of my Amendment. If, on the other hand, the landlord gives notice to the tenant that he will do the improvements himself, then the landlord would get the cost of opposing the tenant's intention of carrying them out.

Mr. RYE

Supposing the landlord carries out the work himself.

Sir W. JOYNSON-HICKS

If he carried out the work himself, then those would be costs under the Amendment as I have moved it.

Mr. RYE

Either in opposing or contesting the claim?

Sir W. JOYNSON-HICKS

Either in opposing or contesting. The tenant makes his claim to carry out the improvement. It goes before the tribunal and the landlord then opposes or contests, or in the course of the proceedings he agrees to carry out the improvement himself. I am advised that under those circumstances, whichever way it goes, they are costs which would be included in the terms of my Amendment, and as such could be quite properly added to the capital sum. My hon. Friend's Amendment is not necessary for carrying out the purpose which he has in mind.

Mr. RYE

May I ask the right hon. Gentleman to consider the matter before a further stage?

Sir W. JOYNSON-HICKS

I will do so.

Amendment to the proposed Amendment, by leave, withdrawn.

Proposed words there inserted in the Bill.

Bill to be read the Third time upon Monday next, 14th November.