HC Deb 05 June 1947 vol 438 cc426-8
The Solicitor-General

I beg to move, in page 25, line 37, after "that," to insert: (a) compensation shall be so claimed only on the tenant's quitting the holding on the termination of the tenancy; (b). The object of this Amendment is to clarify a point which might arise on Clause 28 as at present worded. Clause 28 confers on the landlord a right of compensation for dilapidation. In Subsection (1) of Clause 28 it is perfectly clear that that right only arises and can only be enforced on the termination of a tenancy, but, when one looks at Subsection (3), one sees that the landlord is given the option, if he wants to do so, to rely on the written terms of the tenancy agreement. If he prefers, he can sue under the terms of the agreement itself. The object of this Amendment is to make it clear that if he elects to rely on his agreement instead of on his statutory right of compensation, he equally has to exercise that right at the end of the tenancy. Obviously, it would be a very difficult situation if in one case he could sue during the course of the tenancy, and in the other case he had to wait until the tenancy expired. As the Clause stands, it would be construed as giving both rights, and the Amendment is designed to make it clear that in both cases the right to enforce the claim for compensation only arises at the end of the period.

Amendment agreed to.

5.30 p.m.

The Paymaster-General (Mr. Marquand)

I beg to move, in page 26, line 8, at the end, to insert "and situation."

In other parts of the Bill the phrase used is having regard to the character and situation of the holding. Owing to an oversight these words were left out of this Subsection, which will be improved if they are inserted.

Amendment agreed to.

Mr. Marquand

I beg to move, in page 26, line 12, after "has," to insert, "not later than one month."

This Amendment is being moved in response to representations made by the Opposition in Committee. If I may quote the hon. Member for Chichester (Mr. Joynson-Hicks), he said: I should have thought it would have been in the interests of the parties to have a time limit included—for example, 21 days prior to the expiration of the tenancy. In reply my right hon. Friend said: The question of a time limit is perhaps worth looking at."—[OFFICIAL REPORT, Standing Committee A, 11th March, 1947; C. 426–7.] We therefore propose a time limit of one month, following the suggestion of the hon. Member.

Mr. Joynson-Hicks

I wish to express my appreciation for the fruitfulness of the ground upon which the seed fell.

Amendment agreed to.