HC Deb 04 April 1951 vol 486 cc311-2
The Solicitor-General

I beg to move in page 10, line 25, at the end, to insert: (2) Where apart from this section the expiring tenancy would expire by effluxion of time, the landlord may at any time not earlier than four months before the date on which that tenancy would so expire serve on the tenant notice, in such form and containing such particulars as to the provisions of this Part of this Act as may be prescribed by regulations made by the Lord Chancellor by statutory instrument, requiring the tenant within the period of one month from the date of the service of the notice to elect whether or not to make an application under this Part of this Act; and where such a notice is served no such application shall be made in relation to the expiring tenancy after the end of that period. During the Committee stage a debate arose as to the time within which a tenant, if he desired a fresh tenancy under Part II of the Bill, could give notice to that effect. As the Bill at present reads, that period is one month. It was represented by hon. Members opposite that one month was quite unsatisfactory. It was felt that a landlord would be put in the situation that, coming near the end of a tenancy, he would not know whether the tenant was going to ask for a new tenancy or not. Hon. Members opposite proposed that the one month should be extended to three months, but most of my hon. Friends disagree with that view, arguing that if the period were extended from one to three months the situation would constantly arise of a tenant, through ignorance of his rights, not realising, before the three months began to run out, that he should make a claim for a new tenancy if he so desired.

My hon. and learned Friend the Member for Stoke Newington and Hackney, North (Mr. Weitzman), did not take that view. He felt that the landlord would be unfairly disadvantaged if some such provision was not made. What we have tried to do in the period between the Committee stage and today is to try to excogitate a scheme which meets all objections. That scheme is embodied in the new provision which I am moving. It is that not earlier than four months from the expiry of the tenancy the landlord should give notice to the tenant telling him that if he wants to make a claim for a new tenancy he has to do so within one month from the date on which he receives the notice from the landlord.

The result is that the landlord will not be left in a situation of not knowing until the last moment what is to happen, and that the tenant, from his point of view, will get a notice from the landlord which will bring prominently to his attention the fact that if he wants to make application for a fresh tenancy he must take the necessary steps for that purpose within one month of getting the notice. We feel that this scheme does justice between the two parties and we hope that the House will agree to make this change in the Bill.

Mr. Powell

Hon. Gentlemen who pressed upon the Government at an earlier stage the difficulties of the Clause in its unamended state will be grateful to the Solicitor-General for the Amendment. It has the merit of avoiding the difficulties which we foresaw, that the provisions of Clause 4 would give an extra extension to the skilful and ill-intentioned tenant, and it avoids the difficulties which the right hon. and learned Gentleman pointed out at that time. I think that his process of excogitation has had a happy solution, or, as he might more briefly have put it, his lucubrations have resulted in expiscating from his subconscious a satisfactory solution.

Amendment agreed to.