§ 9.24 p.m.
§ The LORD ADVOCATE
I beg to move, in page 52, line 23, to leave out Sub-section (1), and to insert: 1810(1) The following paragraph shall be substituted for paragraph one of Part II of the Third Schedule to the Act of 1930:In Committee some fears were expressed with regard to Sub-section (1) as the Bill was drafted and, therefore, it had been thought advisable, in order to meet these fears, to delete that Subsection and substitute for it the proposal in paragraphs (a) and (b) on the Order Paper. The purpose is to meet the case, probably seldom arising, of the bad landlord who pushes up the rent by allowing his house to be overcrowded. It may very seldom occur, but it is a case which must be provided for. Stated shortly the effect of the Amendment is that the Arbitor in a case of overcrowding has, first of all, to satisfy himself that the house is overcrowded. Then he has to satisfy himself that the rent which is being charged has been enhanced because of the overcrowding. He can only do that by comparing the rent with that charged for similar accommodation in the locality; he can only ascertain that it is an enhanced rent by so comparing it. Then he has to go one step further. Having satisfied himself that the house is overcrowded and that the rent is an enhanced rent, he has to satisfy himself that the enhanced rent is due to the overcrowding. With these safeguards, I think hon. Members will be satisfied that the provision is one which is only going to deal with the bad landlord who purposely charges an enhanced rent because he allows overcrowding.
- (a) If the arbiter is satisfied with respect to any premises that the rental thereof was enhanced by reason of their being used for illegal purposes the compensation shall, so far as it is based on rental, be based on the rental which would have been obtainable if the premises were occupied for legal purposes;
- (b) If the arbiter is satisfied with respect to any premises that the rental thereof was higher than that generally obtained at the time for similar premises in the locality and that such enhanced rental was obtained by reason of the premises being overcrowded within the meaning of Part I of the Housing (Scotland) Act, 1935, the compensation shall, so far as it is based on rental, be based on the rental so generally obtained."
§ Amendment agreed to.