HC Deb 04 February 1942 vol 377 cc1229-31
Mr. Spens (Ashford)

I beg to move, in page 3, line 3, to leave out from "the" to the end of the line, and to insert, "notice shall become effective."

This is a suggested drafting Amendment. As Sub-section (1) is worded, although the words which I suggest should be struck out are applicable to Sub-section (2), they are not applicable to Subsections (3) and (4). In these circumstances, I suggest that the proper thing to do is to take them out and put in the words I suggest, with the consequential Amendments later on the Paper.

The Solicitor-General

We are ready to accept this and many of the Amendments, which stand in the name of my hon. and learned Friend the Member for Ashford (Mr. Spens), and we are grateful to him for moving them. They have their origin largely in the fact that the Law Society have gone carefully through this Bill and have made many drafting suggestions. I suggested that they should get in touch with the Parliamentary draftsman. They did so, and the large number of Amendments which my hon. and learned Friend is good enough to sponsor are the result of that arrangement. I am very grateful both to the Law Society and to my hon. and learned Friend for taking this trouble about the Bill and suggesting these Amendments.

Amendment agreed to.

Further amendments made:

In page 3, line 9, at the beginning, insert: Where a notice of disclaimer has become effective."—[Mr. Spens.]

In page 3, leave out lines 11 to 160, and insert, "as from the material date."

In line 20, at the beginning, insert: Where notice of disclaimer has become effective."—[The Solicitor-General.]

In line 26, leave out "landlord such part (if any) of," and insert "person entitled to."

In line 29, after "1939," insert "such part (if any) of that compensation."

In line 30, leave out "landlord," and insert "said person."—[Mr. Spens.]

Mr. Spens

I beg to move, in page 3, line 32, at the end, to insert: The person who, at the end of the period for which possession of the land is so retained, is entitled to occupy the land, shall, if the tenant has served on him a notice requesting to be informed when that period comes to an end and specifying the address to which the information is to be sent, serve a notice accordingly giving that information, and the tenant may exercise his right of removing the fixtures at any time after the end of the said period, and not later than one month after the service of the notice by the said person. (4) Where any holding within the meaning of the Agricultural Holdings Act, 1923, is disclaimed under this Act—

  1. (a) the tenancy shall, for the purposes of sections nine and ten of that Act, he deemed to terminate at the date on which the notice of disclaimer becomes effective in accordance with subsection (1) of this section:
  2. (b) nothing in the foregoing subsection shall apply to any of the fixtures mentioned in section twenty-two of that Act, and the reference in that section to a reasonable time after the termination of the tenancy shall be construed as a reference to a reasonable time after possession of the land taken in the exercise of emergency powers has been given up."
As the Bill is drafted, it apparently applies to the agricultural leases to which the Agricultural Holdings Act, 1923, is applicable. It appears, however, that there may be some legal difficulties in making the Bill agree with the provisions of that Act. These Amendments are put down in order that it may be quite sure that, although the lease does come to an end under this Act, the tenant shall get the benefit of the provisions in his favour, and vice versa the landlord, under the Agricultural Holdings Act, 1923. This Amendment is put down to make sure that we are not preventing that Act operating.

Amendment agreed to.

Further Amendment made: In page 3, line 33, leave out from "Where to" this "in line 34, and insert "a notice of disclaimer has been served under."—[The Solicitor-General.]

Mr. Spens

I beg to move, in page 3, line 35, to leave out from "person," to the first "the," in line 36, and to insert "having a mortgage or charge in respect of."

This is little more than a drafting Amendment. The words in the Bill are somewhat indefinite. They are intended to refer to a person having a mortgage or charge upon the property, and the suggestion is that the Bill should say so.

Amendment agreed to.

Further Amendment made: In page 3, line 41, after "modifications," insert "as the court thinks just."—[Mr. Spens.]

The Solicitor-General

I beg to move, in page 3, line 42, to leave out "or," and to insert and, in particular, require the tenant to pay such sum as it thinks just in respect of any dilapidations which have already occurred and for which the tenant is liable or would (but for the disclaimer) become liable; (c) on the application of the landlord or the tenant, make such adaptations and modifications as it thinks just of any term of the lease. This Amendment is little more than a clarification of the Bill. We thought that the words already used did include this liability, but in order to avoid doubt we want to make it plain that the court may, in dealing with a matter as between landlord and tenant, have regard to what I may call accrued dilapidations and make the tenant pay something in respect of the position as it existed at the time.

Amendment agreed to.

Further Amendments made:

In page 3, line 43, leave out "may be effected by," and insert "will take effect on."—[The Solicitor-General.]

In line 45, leave out from "before," to the end of line 46, and insert "the notice of disclaimer becomes effective."

In page 4, line 2, leave out "an interest in," and insert "a mortgage or charge in respect of."—[Mr. Spens.]

Clause, as amended, ordered to stand part of the Bill.