HC Deb 17 June 1954 vol 528 cc2449-53
Mr. Turner-Samuels

I beg to move, in page 26, line 7, to leave out "there being disregarded," and to insert: Provided that the county court judge in fixing the rent may take into consideration whether or not, and to what extent, the sitting tenant is reasonably entitled in all the circumstances to the benefit of— The purpose of this Amendment is very important, because the Clause as drafted provides that certain very important items should be disregarded in fixing the new rent for the statutory tenant. In my submission, that would result in grave injustice to the tenant because it would mean, for instance, that all the improvements that have been made, the goodwill of the business and all the work the tenant had put into the business and the premises would be completely disregarded under the Clause. He would be in exactly the same position as a complete stranger, getting no benefit in addition at all.

What I am anxious to do is to substitute the following words for the present words "there being disregarded," namely, Provided that the county court judge in fixing the rent may take into consideration whether or not, and to what extent, the sitting tenant is reasonably entitled in all the circumstances to the benefit of— and in that way give the tenant the benefit of items (a) to (d) in the Clause. That will mean that the county court shall take into consideration any effect on rent of the fact that the tenant has been in occupation of the holding; any goodwill attaching to the holding by reason of the carrying on by the tenant or his predecessor of the business; the value of any improvements which the tenant has done and for which in the ordinary way compensation would be payable if he quitted the holding; and in the case of a holding comprising of licensed premises, any addition to its value attributable to the licence if the benefit of the licence fairly belongs to him.

Unless that is done the tenant will be put in exactly the same position as a stranger. It means that anyone who comes along and asks for the premises will be treated in exactly the same way as a tenant who has built up the goodwill and has been there for years and years, and should be given reciprocal considerations.

Inasmuch as the rent which the Bill insists has to be paid by the tenant is the open market rent, the sitting tenant, in my submission, should have consideration to the extent I have mentioned, and so modified that items (a) to (d) may be taken into account when the fixing of the rent is being considered by the county court. Surely the sitting tenant is entitled to some sort of preferential treatment as against a stranger who has never done or contributed anything to the premises, has never done a scrap of improvement, has no goodwill or anything of that kind, and has not even previously been in the premises at all.

I urge the Home Secretary to take that into consideration. Further, as the Clause stands it is extremely vague. The provision it makes purports on one view, to avoid the rent being increased by reason of items (a) to (d) but the Clause has the second construction which I have already mentioned. Having said that, I do not propose at this late hour, to prolong the matter any further.

1.0 a.m.

Mr. Skeffington

I beg to second the Amendment.

The Lord Privy Seal (Mr. Harry Crookshank)

I beg to move, "That further consideration of the Bill be now adjourned."

I gather that the Amendment is an important one and has been moved and seconded, so that discussion can be continued tomorrow, but it is understood—

Mr. Speaker

I think that the right hon. Gentleman should first move to adjourn the debate, if he is to move before the Amendment is disposed of. The Question is now before the House. If the right hon. Gentleman moves that the debate be now adjourned I think that that would be in order.

Mr. Crookshank

Yes, Sir. I beg to move, "That the debate be now adjourned."

With respect, Sir, you cut me off short of what I was going to say. On the Motion that this debate be resumed this day—Friday—I merely wanted to say that, as this Amendment has been moved and seconded, discussion can be continued, but it is understood that the remaining stages of Report and Third Reading are completed tomorrow, as announced in business of the House before the Recess.

Sir F. Soskice

I do not think we can be held to give undertakings of that sort. We have made very good progress, and it has been quite apparent that it has not been the intention of my hon. Friends to waste time.

If the Motion is that the debate be resumed later today it is certainly one which we would not think to oppose for a moment, but if the Motion is made conditional upon an undertaking I am afraid that the condition upon which it is made is one to which we cannot respond. I take it that the Motion is made, without conditions, that the debate is resumed later. I am glad to accede to that. I hope that the Third Reading will be finished, but I cannot go further than that.

Mr. Crookshank

I see the point of view of the right hon. and learned Gentleman, but the undertaking has been given by the Opposition by the acceptance of business on the last Thursday by the Leader of the Opposition. In my view, that undertaking stands. However, if the right hon. and learned Gentleman is repudiating his Leader's acceptance of the business—[Interruption.] Certainly. That is the way in which business is transacted in this House and I must make that clear. I dare say that there will be no difficulty over the matter when we come to it.

Sir F. Soskice

By leave of the House, may I say that I regret that the right hon. Gentleman should seek to introduce difficulty into this matter. I have said that I hope we shall finish. Indeed, I will go further and say that I anticipate that we will finish today. But with respect to the right hon. Gentleman, to try to foist an undertaking on us in that way is not quite up to his usual standard as Leader of the House. I think I speak for my hon. Friends when I say that I hope and anticipate that we will finish today and see that the Bill receives its Third Reading.

Mr. Crookshank

I hope that those anticipations will be fulfilled, as the right hon. and learned Gentleman says, but I had to make it quite clear that when the business is arranged and announced to the House, and accepted by the House, I take it that is what is going to happen. However, in view of what the right hon. and learned Gentleman says, that he anticipates that that is what will happen I do not think we need to say anything more.

Mr. G. Thomas

May I say one last word? In my part of the country this is the most controversial Measure seen in this Parliament and the right hon. Gentleman must not be surprised that we have reacted strongly.

Debate to be resumed this day.