HC Deb 20 March 1931 vol 249 cc2364-6
Sir F. THOMSON

I beg to move, in page 8, line 27, to leave out from the word "shall," to the end of the Clause, and to insert instead thereof the words: be amended by the omission of the words not less than one mouth.' The point of the Amendment may be stated shortly. Under the law as it stands, a tenant has to give notice to the landlord one month before termination of tenancy whether he intends to make a claim for compensation for disturbance. This Bill proposes to abolish entirely the necessity for him giving any notice claiming compensation for disturbance. We propose that the tenant shall give notice before the termination of his tenancy. The Under-Secretary of State said in Committee that he thought that it would be hard that a tenant, who merely by inadvertence failed to give notice of claim, should be deprived of any right to claim compensation for disturbance. He has in any event to give notice of particulars of his claim within two months of leaving his farm, so that the same sort of thing might be said if he was a day late with regard to that matter.

There is a practical point in favour of my proposal that he shall give notice before the termination of the tenancy. It is an important date; the time he is leaving the farm. It is not likely that he would forget to give notice before the particular date when he was to leave. It is a convenient date, because it gives the landlord and the tenant, if the landlord gets notice before the tenant leaves, an opportunity of meeting on the land and discussing the matter. Under the law as it stands, a landlord must give notice of claim for compensation for deterioration before termination of tenancy. If notice is given as I suggest, the landlord and the tenant can discuss the question of compensation for disturbance and likely enough may be able to determine upon the compensation to be paid. On the whole, it would be a practical advantage that notice should be given by the tenant of his claim for compensation for disturbance before he leaves, in order that the two parties may meet and discuss the matter. If the tenant is not required to give such notice and he leaves the farm there is not the same chance of the two parties meeting and talking the matter over.

Duchess of ATHOLL

I beg to second the Amendment.

Mr. JOHNSTON

The normal date at which notice must be given of any claim for compensation, other than disturbance, is two months after the termination of the tenancy.

Sir F. THOMSON

In any claim by the landlord for compensation for deterioration notice must be given before the termination of the tenancy.

Mr. J0HNSTON

The normal date, as I have said, must be a date not later than two months after the termination of the tenancy. The hon. member and his friends seek to amend that so far as claims for disturbance are concerned, and ask that notice must be given at least one month prior to the termination of the tenancy.

Sir F. THOMSON

No, before the termination of the tenancy.

Mr. JOHNSTON

"Before" and "prior" are the same. The position we take up is that it would be grossly unfair to a tenant who had inadvertently failed to give to the landlord notice of a claim for compensation for disturbance one month prior to the termination of the tenancy, that he should be barred from his rights to compensation. The matter was discussed very fully in Committee, and we cannot accept the Amendment.

Major ELLIOT

We do not accept the contention of the Under-Secretary, but I do not wish to argue the matter, inasmuch as I am as anxious as he is to get the Bill through to-day. It must not, however, be taken that we agree to the contention put forward by the hon. Member.

Duchess of ATHOLL

I think the Under-Secretary misunderstood the purpose of the Amendment. He—

Mr. SPEAKER

The Noble Lady seconded the Amendment.

Amendment negatived.