HC Deb 04 February 1942 vol 377 cc1235-6

(1) Where possession of land comprised in a lease has been taken on behalf of His Majesty in the exercise of emergency powers and the tenant was outside the United Kingdom for the whole or the greater part of the period of three months from the material date, and the court is satisfied, on an application made by the tenant within a reasonable time after his return to the United Kingdom, that it was not reasonably practicable for him to exercise his rights under the provisions of this Act relating to disclaimer, or to give the necessary authority for the exercise of those rights on his behalf, the court may, if it thinks fit, extend the period for the exercise of those rights.

(2) Where possession of land comprised in a lease has been taken as aforesaid, and the tenant was outside the United Kingdom at the material date, or left the United Kingdom shortly after the material date without having a reasonable opportunity to exercise or secure the exercise of his rights under the provisions of this Act relating to disclaimer, and the court is satisfied, on an application made by any other person while the tenant remains outside the United Kingdom,—

  1. (a) that it is not reasonably practicable to obtain instructions from the tenant as to the exercise of the said rights; and
  2. (b) that the applicant is a proper person to exercise those rights on behalf of the tenant;
the court may, if it thinks fit, direct that those rights may be exercised by the applicant on behalf of the tenant and may, if necessary, extend the period for the exercise thereof.

(3) Where the court extends under this section the period for exercising the rights of any tenant, the court may, if it thinks fit, direct that, if the lease is disclaimed, the surrender thereof shall, instead of taking effect as from the material date, take effect as from such later date as the court may direct.—[Mr. Spens.]

Brought up, and read the First time.

Mr. Spens

I beg to move, "That the Clause be read a Second time."

This proposal should be of real service. It covers the case where a tenant is abroad at the time the requisitioning notice is served, or is about to go abroad, leaving his family in his home or a manager in charge of his business. It is thought likely that he will be ignorant of the option afforded to him by the Bill and therefore would not be able to exercise it in the requisite time. Under the proposed new Clause, arrangements are made for the tenant to be given a further opportunity when he returns of taking advantage of the Bill.

The Solicitor-General

I have very much pleasure in accepting the proposed new Clause. I agree with the hon. and learned Member that it is necessary to deal with the position of the tenant who is abroad or is about to go abroad and has no time to look around to see what his rights are. The Clause is a real improvement of the Bill.

Question put, and agreed to.

Clause read a Second time, and added to the Bill.

Bill reported, with Amendments; as amended, to be considered upon the next Sitting Day, and to be printed [Bill 14].