§ 79. Mr. STEPHENasked the Secretary of State for Scotland whether he will consider the introduction of legislation to amend the Rent Restrictions Act so far as they apply to Scotland, so as to put the onus of proof on the landlord in cases going into court that the tenant has received a rent book in accordance with the provisions of the Rent Restrictions Act?
§ Lieut.-Colonel COLVILLEIf any rent book or similar document does not conform to the prescribed requirements, the landlord is liable to a fine not exceeding ten pounds. The rent book or similar document is itself evidence on this point. In the circumstances no amending legislation appears to be called for.
§ Mr. STEPHENIs the Minister aware that last week a decision was given in the Glasgow Sheriff Court to the effect that the onus of proof that the rent book had been given was upon the tenant; and, in view of the answer which he has now given, will he inform the Sheriff that that decision is wrong?
§ Lieut.-Colonel COLVILLENo, Sir. I took the hon. Member's question to express anxiety that the rent book should be in conformity with the requirements prescribed in the Act. He has now raised another question which is different, and I would like to consider it.
§ Mr. STEPHENI would ask the Minister to look at my question. Does he not see that it is a specific question with regard to the onus of proof being placed upon the landlord and I now ask him whether he is aware that Sheriff Haldane in the Glasgow Sheriff Court gave a decision to the effect that it was on the tenant?
§ Lieut.-Colonel COLVILLEI think if the hon. Member will look again at his own question he will see that the interpretation which I have put upon it is quite natural, but I will certainly look at the point which he has now raised, and would be glad to discuss it with him.