§
Amendments made: In page 11, line 7, leave out from "Where," to "apply," in line 9, and insert:
a landlord's notice to resume possession has been served and either—
(a) the tenant elects to retain possession, or
(b) at the end of the period of two months after the service of the landlord's notice the qualifying condition is fulfilled as respects the tenancy,
the landlord may.
§
In page 11, line 12, at end, insert:
Provided that the application shall not be made later than two months after the tenant elects to retain possession, or, if he has not elected to retain possession, later than four months after the service of the notice.—[Sir D. Maxwell Fyfe.]
§ The Solicitor-GeneralI beg to move, in page 11, line 22, at end, to insert:
the obtaining, or if that is not reasonably practicable in the circumstances.This is not a consequential Amendment, but I think I can deal with it quite shortly. During the Committee stage suggestions were made that this part of the Clause wanted tightening up, and we undertook to consider strengthening it because it was said, in particular 2437 by the hon. Member for Rhondda, West (Mr. Iorwerth Thomas), that the Clause as it stood might make it too easy for the landlord to recover possession.The effect of the Amendment will be that not only has the court to be satisfied that the landlord has made preparations relating to the obtaining of the requisite permission or consent, but also, in fact, that he has obtained such consent, unless it has not been reasonably practicable to have done so in the situation. I hope that the hon. Member will welcome this change.
§ Amendment agreed to.
§ The Solicitor-GeneralI beg to move, in page 11, line 29, to leave out "date of."
This Amendment is linked to the one on page 12, line 11, and the two of them are simply drafting Amendments. It is not necessary to mention the date of termination here because in fact the definition is done in Clause 4.
§ Amendment agreed to.
§ Further Amendment made: In page 12, line 11, leave out from second "the," to "give," in line 12, and insert "termination of the tenancy."—[The Solicitor-General.]