HC Deb 14 December 1953 vol 522 cc2-6
7. Lieut.-Colonel

asked the Attorney-General whether he will introduce legislation to require persons or companies resident outside the jurisdiction of the courts of the United Kingdom and owning residential properties in the United Kingdom to appoint identifiable persons resident in the United Kingdom against whom civil or criminal proceedings can be instituted when necessary

The Solicitor-General

No, Sir.

Lieut.-Colonel Lipton

Is the Solicitor-General aware that the Brady slums are now owned by Morelle Ltd., of 8, Upper O'Connell Street, Dublin, whose London representative is a dubious man of straw who calls himself W. Leslie, of 11–13, Baker Street? Will the hon. and learned Gentleman consider whether or not he should take steps to stop this crooked method of perpetuating what is a pernicious racket?

The Solicitor-General

Where an overseas company is carrying on business in this country it has the duty, imposed by the Companies Act, 1948, to register in this country and to deliver a list of persons resident in Great Britain who are authorised to accept service of process. If that is not done, criminal proceedings can be launched. So far as the latter part of the hon. and gallant Gentleman's Question is concerned, it would, I think, be difficult to find persons willing to accept criminal responsibility as nominees for companies outside the jurisdiction of British courts.

Mr. Janner

Is the Solicitor-General aware of the fact that these companies, which are outside this country, are issuing proceedings against persons resident in houses which they own in this country and that there is no possibility, in a practical sense, either of taking effective action against the companies to compel them to do repairs or anything of that kind and that, moreover, if the tenant wins his case he often cannot even get the costs? Will he do something to remedy this position?

The Solicitor-General

If a company carrying on business outside the jurisdiction ventures to bring proceedings in the courts of this country it should not be difficult to get security for costs.

Lieut.-Colonel Lipton

Has any action been taken to verify whether persons authorised to accept service do, in fact, exist?

Mr. E. Fletcher

Does the Solicitor-General realise that there is an increasing number of cases of this kind, and that it is no answer for him to say that criminal proceedings can be taken, because it is difficult to find anybody against whom to take criminal proceedings? Cannot steps be taken to see that companies incorporated abroad should have to register before they carry on trade here and are made to register before they are allowed to carry on trade?

The Solicitor-General

I am not aware of an increasing number of cases of this character. The law as it stands provides that overseas companies carrying on business here are bound to register here. If that Section of the Act is not complied with, steps would be taken to secure that it is. If it is not complied with there is available the possibility of evidence to launch a prosecution for the penalties which are prescribed by the Companies Act.

Brigadier Medlicott

Is it not clear from the terms of the Question itself, with regard to civil proceedings at least, that all these companies must necessarily have assets in this country against which proceedings of some kind could ultimately be taken?

8. Lieut.-Colonel Lipton

asked the Attorney-General whether he will ask the Director of Public Prosecutions to make further investigations into the illegality of the use of fictitious names and accommodation addresses, details of which have been supplied, in connection with the ownership of residential properties in Brixton and other parts of London

9. Sir L. Plummer

asked the Attorney-General whether he will consider referring to the Director of Public Prosecutions the evidence submitted to him by the hon. Member for Deptford, that owners of house property in London are illegally conducting their business activities under fictitious names and from accommodation addresses

The Solicitor-General

The Director of Public Prosecutions has been asked to make further investigations.

Lieut.-Colonel Lipton

Is the Solicitor-General aware that this is the first answer that he has given today that will be received with some satisfaction by those of us who are interested in cleaning up a really deplorable state of affairs, in which many tenants are condemned to live in the most abominable circumstances by the persons referred to?

Sir L. Plummer

Does the Solicitor-General realise that his answer will give great satisfaction to a great many of the local authorities in South London who have tried, quite fruitlessly, to serve notices and summonses on one Brady, a racketeering landlord who has enjoyed the alias of Waters, the fraudulent gentleman who has just got away with it?

The Solicitor-General

It is, perhaps, unfortunate, that this Question did not appear a little earlier on the Order Paper than others I have answered today; but it would be undesirable for me to make any comment on these matters, because they are under investigation.

11. Mr. Janner

asked the Attorney-General whether he is aware of the difficulties which tenants of houses controlled under the Rent Acts are experiencing in enforcing their legal remedies against landlords which are companies registered in Eire; and whether he will introduce legislation to prevent the evasion of their obligations by such companies

The Solicitor-General

I am not aware that any difficulties have been experienced in enforcing remedies against landlords who are companies registered in Eire, and I do not propose to introduce legislation. If the hon. Member will let me have particulars of any case in which difficulties have been experienced I will, of course, have inquiries made.

Mr. Janner

Would the Solicitor-General accept it from me through practical experience that these companies sometimes change from one to the other the ownership of properties, that as soon as they have the opportunity they sell properties to other persons, and that consequently it is impossible to get even costs from them for a defendant who has been successful in view of the fact that the company has no assets here? Will he go into the whole matter?

The Solicitor-General

I am aware from reports in the newspapers and other reports that there have been difficulties in certain instances in identifying and tracing the landlord or landlords of particular tenants, but I have no information of proceedings brought by those tenants against those landlords or of any difficulty in enforcing the remedies that the law gives against such landlords when they are identified.

Mr. Isaacs

Would the hon. and learned Gentleman be good enough to look at a list of cases from the borough of Southwark in which the borough council has been unable to deliver notices against this group of owners? In addition to that, tenants living in awful conditions are having letters threatening them with prosecution unless they pay their rents.

The Solicitor-General

I should be glad to look at any information with which the right hon. Gentleman may supply me.