§ The Lord AdvocateI beg to move, in page 22, line 15, to leave out from "shall" to "be" in line 16.
This Amendment is identical with one moved by the Opposition in Committee, but which was withdrawn on the assurance that we accepted the principle and promised to consider the matter further. The Clause provides, inter alia, that any claim, of whatever nature, between landlord and tenant which arises on or out of the termination of the tenancy of the holding shall, unless the parties settle it between themselves, be determined by arbitration. It further provides that except in cases in respect of which specific provision is made in the Bill or in the 1923 Act as to the length of notice required before the end of the tenancy, notice in writing of intention to make such a claim must be served within two months of the termination of the tenancy.
Doubt was expressed in Committee as to what would constitute the termination of the tenancy in a case in which the tenant vacates a part of his holding at one date and the remainder at another date. He might vacate buildings at Whitsun and land at the separation of the crop at Martinmas, and the question arises as to which of these two dates should be regarded as the date on which he terminates his occupancy. This Amendment is designed to make it clear that in these circumstances the last date of occupation shall be regarded as the termination of the tenancy for the purposes of Subsections (2) and (3) of the Clause.
§ Amendment agreed to.