HC Deb 16 February 1949 vol 461 cc1307-9

From the date of the passing of this Act the expression "tenant" as defined in the principal Acts shall also include a widow of a contractual tenant who was residing with him at the time of his death or where the contractual tenant leaves no widow or is a woman such member of the contractual tenant's family so residing as aforesaid as may be decided in default of agreement by the county court:

Provided that if such widow or any of the aforesaid members of the contractual tenant's family residing with him gives notice in writing to the landlord within twenty-eight days of the date of the death of the contractual tenant that such widow or member of the family does not desire to become the tenant each of such persons who give notice as aforesaid shall not be included in the expression "tenant."—[Mr. Janner.]

Brought up, and read the First time.

Mr. Janner

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

I do not propose to take very long over this new Clause. I think it should be perfectly obvious that this is an anomaly in the principal Act which ought to be removed. As the position is today, if a statutory tenant dies the widow or some other member of the family, failing agreement settled by the county court, becomes the statutory tenant and continues in that tenancy if that person has been living in the house before. The position with regard to the tenancy where there is a contract, even if it is only a weekly tenancy, is that if the tenant dies while that contract is in existence, the widow has no right at all unless she happens to be the executrix or adminstratrix of the estate, and even then it is doubtful whether the court would permit her to remain a tenant.

That is an extremely serious thing, because it makes a difference of such a ridiculous nature in regard to two people who are in precisely the same position except for the fact that notice has been given in one case before the tenant dies and in the other case the notice has not been given. These matters have been brought to the courts of justice, and there have been cases in which the judges have come to majority decisions. There have been dissenting judgments. It is obvious that some of the judges believe that a contractual tenant should have the right. I will give the Committee only one case which will show clearly how shocking it is that a system of this nature should prevail. The administrator of the estate of a deceased person had a notice served on him by the landlord. A sister of the deceased had been living in the house for a considerable period, and the court held, by a majority, that the sister was not entitled to remain, and she had to leave the house. If the notice had been given beforehand, all other things being precisely the same, with the sole exception that the Statute would have covered the tenant who was living there, the sister would have been able to remain.

That position ought not to be allowed to continue. I am not sure the Minister is convinced yet. I am not particular about the wording of the Clause, which may require some alteration. I have merely put it down, in the same form as in one of the Sections of the principal Act—I think 12 (a) or 12 (b)—so that the matter shall be considered. I am quite prepared to have any wording the Minister thinks necessary. There are a large number of people who do not know this position exists, and when misfortune reaches them on the death of the head of the household they find themselves confronted with a situation which they never dreamt existed.

Mr. Bevan

I must resist this new Clause, because it seems to me wholly inappropriate to try and put in a small amending Bill of this sort a proposal which ought to find its place in a much wider Measure. To try and vary the terms of contract to give the contractual tenant the protection the statutory tenant possesses under the principal Act, appears to me, in the circumstances, to be unnecessary and undesirable. There may be a point here to be dealt with at some time, but this is surely not the time, and I hope my hon. Friend will not press the matter further. I have considered it, and if I agreed to this new Clause there would be no reason why we should not have, by a succession of Amendments, what would amount to a major alteration of the principal Act. It was never intended to use this Bill for that purpose.

Question put, and negatived.

Schedule agreed to.

Bill, as amended, to be reported.

Bill reported, with Amendments; as amended, to be considered upon Monday next, and to be printed. [Bill 84.]