HC Deb 29 July 1930 vol 242 cc451-2

Lords Amendment: In page 49, line 43, after the word "includes" insert "such."

Miss LAWRENCE

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

In place of the Lords Amendment, and the two following Amendments, I shall move, in page 49, line 43, to leave out from the word "includes" to the word "and" in page 50, line 4, and to insert instead thereof the words: any deficiency arising from default on the part of the landlord in respect of internal painting and papering or distempering of walls. There is not any serious difference between us and the Legislature in another place with regard to this matter. Under the Amendment which comes from another place you have to prove default on the part of the landlord instead of having to prove default on the part of the tenant. That makes it much easier for the landlord, and with that we do not propose to interfere. Unless the guilt can be fixed definitely on the landlord this liability will not fall upon him. Let me read the Clause as it would run with the Lords Amendments: The expression 'disrepair' includes such deficiency arising from default on the part of the landlord in respect of internal painting and papering or distempering of walls as is injurious or dangerous to the health of the occupants. In this Clause we are only dealing with houses unfit for human habitation. The proposal of another place would have this effect, that where a house is judged unfit for human habitation by reason of the default of the landlord, you would have to prove separately that these matters of painting and papering were injurious to health. [HON. MEMBERS: "Agreed!"] I am sorry to be so long. We agree with another place that default must be proved on the part of the landlord, and we ask the House to accept our proposed Amendment to the Lords Amendment.

Sir K. WOOD

Will the Parliamentary Secretary kindly read the Government Amendment again?

Miss LAWRENCE

It is in page 49, line 43, to leave out the words: deficiency in respect of internal painting and papering or distempering of walls ex- cept in so far as any such deficiency is attributable to the wilful default or neglect of the occupants of the house and is not likely to injure or endanger their health; and to insert instead the words: any deficiency arising from default on the part of the landlord in respect of internal painting and papering or distempering of walls.

Sir K. WOOD

This is an important matter, and it is quite right that the House should give some attention to it. It is no fault of this side of the House that we have to discuss this matter at this hour of the night. This is a somewhat abstruse and legal matter, and it is difficult to understand the implications of the Government proposal. Apart altogether from any matter arising from any default of the landlord, would the Clause as amended by the Government Amendment in no way make it obligatory upon the owner to carry out purely decorative repairs? If I can be assured upon that point I will not trouble the House further.

Mr. GREENWOOD indicated assent.

Sir K. WOOD

In that case I think we may assent to the Government's proposal.

Lords Amendment: In page 49, line 43, after "deficiency" insert "arising from default on the part of the landlord."

Disagreed to.

Lords Amendment: In page 50, line 1, leave out from the word "walls" to the word "and," in line 4, and insert "as is injurious or dangerous to the health of the occupants."

Disagreed to.

Amendment made, in lieu of the Lords last three Amendments disagreed to: In page 49, line 43, leave out from the word "includes" to the word "and" in page 50, line 4, and insert instead thereof the words: any deficiency arising from default on the part of the landlord in respect of internal painting and papering or distempering of walls."—[Miss Lawrence.]

Subsequent Lords Amendments to page 51, line 33, agreed to.