§ 7. Mr. HARDIEasked the Lord Advocate whether he is aware that house 1935 factors in Glasgow are pasting notices inside rent books stating that the let is excluded from the operation of the Rent and Mortgage Restriction Acts, 1920 to 1925; and whether he will take steps to have such practice stopped?
§ The LORD ADVOCATE (Mr. Craigie Aitchison)My attention has been drawn to one or two instances of the practice referred to, and the matter is receiving consideration.
§ Mr. HARDIECan the Lord Advocate, in view of the facts which are coming before him, say whether any steps are going to be taken by the Government to impose a penalty in cases where the Act is not carried out?
§ The LORD ADVOCATEThat is one of the matters which are receiving consideration. I have no power, as Lord Advocate, to intervene; but, if it be the fact that in cases where no actual decontrol has taken place, notices have been pasted in the rent books to the effect that there has been decontrol, and if the tenants are being thereby induced to pay more than they ought to pay, the view of the Government is that it is the situation which calls for intervention, and the Government will take the necessary steps to deal with the matter.
§ Mr. HARDIEIs it the opinion of the Government or of the Lord Advocate that the pasting of notices inside the rent books is an illegal act?
§ The LORD ADVOCATEUndoubtedly. In every case where there is no decontrol, it is illegal in the sense that it is wrongfully inducing a tenant to pay more than he ought to pay, and it is an illegality for which the tenant has a remedy under the Statute as it at present stands. But the Government think that the tenants ought to have a further remedy by inserting some form of protection, and that is a matter which is receiving consideration.
§ Mr. HARDIEIs it just a question of a tenant being compelled as his only remedy is to employ a lawyer, or are the Government going to see that he is not put to that expense?
§ The LORD ADVOCATEAt the present time the tenant must take such remedies as he has in the Law Courts, but the Government are considering 1936 whether some other form of remedy can be devised to prevent the necessity of the tenant going to a lawyer at all.
§ Mr. STEPHENIs it not the case at the present time that the law provides for the prosecution of property owners who are taking more than the rent allowed under the Rent Restrictions Act? If that is so, is it not possible for prosecutions to take place under the direction of the Lord Advocate?
§ The LORD ADVOCATENo, it is not a question of taking more rent than is due. The Statute supplies a remedy for that. It is a question of pasting notices in a rent book which are calculated to mislead the tenant into a false impression as to the rent he has to pay. That is the matter with which we are dealing.
§ Mr. STEPHENIs not the Lord Advocate aware that in many of the cases where the notices have been pasted in the book, the property owner is taking more than the rent which is allowed, and why is the Lord Advocate not initiating prosecutions so as to give protection against such people.
§ The LORD ADVOCATEIf the hon. Member will bring specific instances to my notice instead of making general statements, I will have them properly investigated and appropriate steps taken.