HC Deb 18 June 1954 vol 528 cc2491-501
The Solicitor-General (Sir Reginald Manningham-Buller)

I beg to move, in page 32, line 13, to leave out paragraph (c).

This is the subsection on which we had considerable discussion during the Committee stage. As I indicated then, the object of paragraph (c) was to exclude from the operation of Part II the type of premises which consist of a large block of flats or offices where the tenant of the whole block merely gets the letting of it for the purposes of his business. I need not go into it in greater detail. We were all agreed in Committee that a boarding house or apartment house should not be excluded from Part II, and I undertook to consider the matter further. I have done so, with the result that this Amendment is tabled and I am glad to see that it has the support of hon. Gentlemen opposite. In these circumstances, I hope that it will be accepted without further discussion.

Sir F. Soskice

I rise to thank the right hon. and learned Gentleman for the course he has adopted. It was apparent in Committee that there were good arguments both ways. The arguments, we thought, were in favour of not excluding the boarding house keeper, but we recognised that there was a case which required careful consideration. I think that we entirely agree with the view which the Solicitor-General has taken, and I thank him for putting down the Amendment, which we very cordially support.

Sir Patrick Spens (Kensington, South)

I raised this point originally on the Second Reading and again in Committee. I thank my right hon. and learned Friend for putting down this Amendment because it affects more tenants in my part of London than does any other point in the Bill. I am grateful for the assistance which I received from hon. Members opposite in Committee, and I am very glad indeed that the Government have come to this conclusion.

Amendment agreed to.

Mr. Turner-Samuels

I beg to move, in page 32, line 16, to leave out paragraph (d).

That paragraph excludes Rent Act premises from the provisions and benefits, such as they are, of Part II. That means that a vast number of business premises are involved. The Government's reasons for not agreeing to this are, as I understand it, three. One is that there should be only one code of protection in regard to businesses included in Rent Act properties and that that code already exists within the Rent Acts themselves.

The second ground is that it is alleged to be impossible to give to tenants a choice of two codes, although it is interesting to note that a double code has been in operation in this respect since the Landlord and Tenant Act of 1927. The third reason is that it is impossible to frame—I use the word, in the context of this Bill, advisedly—the Bill so as to confer on the tenant the benefit of Part II instead of the provisions of the Rent Act.

Those are substantially the three grounds that the Government put forward. In my view, not one of them is well-founded. First, it is to be noted, significantly, that the Rent Acts protect different interests entirely from those protected by Part II of the Bill. The Rent Acts protect only living accommodation, but premises in which business as well as living accommodation are included will not be covered by the Bill. In other words, the Rent Acts merely give the security of domestic shelter, whereas Part II of the Bill gives protection in regard to business goodwill, which may be the fruits of years of hard work by a tenant, and in the process becomes adherent to the premises. These different forms of protection are two entirely separate matters, each requiring to be provided for, and one of which will not be forthcoming if paragraph (d) remains in the Bill; for, where business premises are part of a parcel of Rent Act premises, they will not get the benefit of Part II.

As the Bill stands, it creates an extraordinary position. At the same time and by the same process as the tenant gets protection for his home, he loses protection for his business premises. That is a curious contradiction and a solecism here which it is difficult to understand. In the case of premises which include not only business premises, but living accommodation also, the landlord has only to offer suitable alternative living accommodation to the tenant and the court is bound to make an order giving possession of the whole premises to the landlord. That is the law at present and that cannot be controverted. The court can in such a case pay no regard to anything beyond the question of dwellinghouse accommodation. That is the serious point in issue which the House must bear in mind.

It may well be that a tenant has built up valuable goodwill in the premises in question. Yet all that the landlord needs to do is to purchase a dwelling house or ether suitable alternative living accommodation and offer it to the tenant, and the whole of the goodwill which the tenant may have attributable to the business he conducts on the premises is completely jettisoned. If the tenant refuses the alternative accommodation, the court is bound by law to make an order and the tenant loses his goodwill as a consequence.

If in any circumstances a tenant under the Rent Acts changes his residence, he at once loses the protection of those Acts. Not only that, but as regards the business part of the premises he would also lose the benefit of Part II of the Bill, because the statutory tenancy under the Rent Acts had been ended. There would be nothing left on which to claim relief.

12.45 p.m.

There may be the case—and this is of great importance to thousands of tenants—of a tenant whose family is growing; the few rooms connected with his business premises may have become inadequate, and so the tenant finds he must go out. The moment that he steps out of the living accommodation part of the premises he loses all protection, both under the Rent Acts and under Part II of the Bill.

Take another case. An old infirm tenant might want to sell his business, but cannot do so because the tenancy is a statutory tenancy and the Rent Acts, therefore, prohibit him from doing so. Consequently, he is absolutely at the mercy of the landlord. If he tries to make an arrangement with the landlord, he might be confronted with the most harsh terms and have no alternative but to refuse those terms and lose all. I think that, by what I have already said, I have indicated adequately the consequences of paragraph (d), and I hope that the Government will now decide to agree to its exclusion.

Mr. W. Wells

I beg to second the Amendment.

The Solicitor-General

The hon. and learned Member for Gloucester (Mr. Turner-Samuels) will recall that we had a very full discussion on precisely the same proposal in Committee: namely, the possibility of giving the occupant of mixed premises within Rent Act limits the choice of coming under Part II of the Bill as well as possessing the advantages that he secures under the Rent Acts.

I sought then to deploy the reasons why the Government had come to the conclusion that that should not be done. When I heard the hon. and learned Member seek to summarise the reasons that I had advanced, I felt that either I had not expressed myself clearly or that he had not paid sufficient attention to my argument. I am afraid that the further consideration which the Government have given to this proposal has not led us to think it desirable in the public interest to make the proposed change.

As the right hon. and learned Member for Neepsend (Sir F. Soskice) said in Committee: "Prima facie, it may seem to be reasonable that if one has protection under one Act one does not need it under another."—[OFFICIAL REPORT, Standing Committee D, 29th April, 1954; c. 588.] But the right hon. and learned Gentleman went on to say that he was not convinced that the complexity of provisions to include mixed premises in Part II was sufficient to justify leaving them out. I well understand that point of view being taken, and we have given further consideration to it, but we have come to the conclusion that the change should not be made.

It is not right to say that under existing law the tenant of such premises in substance has the advantages of two procedures, because the 1927 Act, as I think is generally recognised, has broken down and is particularly ineffective in relation to the small tenant. If we here gave the choice of both codes, it is by no means certain that the choice would always enure to the benefit of the tenant.

If, for instance, the tenant chose the benefit of Part II of the Bill, he might be faced by claims for dispossession on ground of redevelopment, which could not be made if he relied upon the Rent Acts. I appreciate that the fact that different codes may not be of particular benefit to the particular tenant is not in itself an argument for saying, "Why should he not have the choice?". The reason we have come to this conclusion is, first of all, if we were to provide that this type of tenant should have the best of both worlds it is not sufficient to say that. We have got to make provision for it, and the complexity of the provision which we have to make ought not to be under-estimated. As I see it, in order to avoid confusion, one has got to provide a method by which the two codes are to interact if this choice is given.

There are many examples that I could give, but here is one of the technical difficulties into which we may get. If a landlord gave notice with a view to bringing the statutory tenancy into operation and the tenant wished to have the case dealt with under Part II, there would have to be some procedure for switching the case to Part II. Presumably the tenant would have to give counter notice to this effect and a time limit for this would have to be laid down. Further, when the tenant made his choice he would have to abide by it, at any rate for the time being.

Mr. Hale

Where does it say so?

The Solicitor-General

The hon. and learned Gentleman wants to secure that a tenant shall be able to get protection under Part II of the Bill as well as under Part I.

Mr. Hale

As I read my hon. and learned Friend's Amendment, it suggests that this paragraph should be left out. What then happens? We would then be in a position that two Acts of Parliament exist and would be extended to the property. One might apply to the living accommodation and the other to the business accommodation, or in certain circumstances they might apply to both. The Rent Act provision would remain and the limitation on the rent would remain, so that the tenant would have the benefit of the additional safeguard.

The Solicitor-General

But the existence of the two Acts would affect the relationship of the landlord and the tenant under two particular codes.

Mr. Hale

But that is the Act of 1927.

The Solicitor-General

The Act of 1927 is really inoperative. It does not work. The relationship of the 1927 Act to the Rent Restriction Acts has not been fully worked out yet by any means. I do not want to make a long speech on this, but there are a whole lot of authorities to which I could refer.

Mr. Hale

But is it a matter of choice?

The Solicitor-General

The word "choice" may have been the wrong word, but there are two codes.

Mr. Turner-Samuels

It is a case of Hobson's choice.

The Solicitor-General

If the Amendment is accepted we would have to provide for the inter-relationship of these two codes, and I do not think it would be right to leave the Rent Act code on one side and Part II to apply to some premises on the other side without providing for the inter-relationship on the two.

What I was trying to indicate before the hon. Gentleman interrupted me was that there are very serious technical difficulties in securing the inter-relationship of the two codes. There would be a great many complications which might be regarded as intolerable. Having regard to that, one has to consider whether it is really in the public interest to try to bring that about in favour of a particular class of tenants for whom one naturally has great sympathy. We have come to the conclusion that the very complexity of the provisions which would be required—and we have gone into this—is such as to create a serious risk of their failing to help precisely the type of tenant for whom they are being made.

I personally think that if we were to provide that machinery we would have to give as part of it the choice for the tenant as between the two codes and there would be difficulties about it. I doubt very much whether providing machinery for the choice of two alternative codes would be in the interests of the public at large, and it would certainly add a burden of inquiry to the incoming tenant to see which code applied.

I have sought to deploy all the reasons which were in our minds in Committee on this point. I am sorry that I did not satisfy the hon. and learned Gentleman, but I can assure him that since the Committee stage we have given further consideration to it. I have listened with great attention to what he said, but I am afraid no new reasons have been advanced for changing our position upon this matter and, therefore, the Government are sorry that they cannot accept the Amendment.

Sir F. Soskice

I do not want to prolong this debate because the case for the Amendment has been amply and fully made by my hon. and learned Friend the Member for Gloucester (Mr. Turner-Samuels) and the reply has been fully and amply made by the Solicitor-General. It is a question of one's point of view. Our point of view is still the same. I must confess that mine has been considerably influenced by the fact that since the Committee stage the Government have not found themselves able to limit the very extensive grounds upon which landlords can obtain possession of premises under Part II of the Act. I might have taken a different view had they moved in the matter, but the Government have not and these wide grounds still exist in Clause 30 so that the tenant is being exposed to the risks mentioned by my hon. and learned Friend.

I think this Amendment should be carried. It may give rise to a complicated provision, but my hon. and learned Friend wished to raise the matter of the principle. I think the House might now come to a decision on the matter, and I would certainly advise my hon. Friends to register their vote in support of the Amendment.

Question put, "That the words proposed to be left out stand part of the Bill."

The House divided: Ayes, 149 Noes, 127.

Division No. 158.] AYES [12.29 p.m
Aitken, W. T. Hay, John Page, R. G.
Allan, R. A. (Paddington, S.) Heald, Rt. Hon. Sir Lionel Peto, Brig. C. H. M
Alport, C. J. M. Heath, Edward Pitt, Miss E. M.
Amery, Julian (Preston, N.) Higgs, J. M. C. Powell, J. Enoch
Barlow, Sir John Hirst, Geoffrey Profumo, J. D.
Baxter, Sir Beverley Hornsby-Smith, Miss M. P Rayner, Brig. R
Bell, Philip (Bolton, E.) Horobin, I. M. Redmayne, M.
Bell, Ronald (Bucks, S.) Howard, Hon. Greville (St. Ives) Rees-Davies, W. R
Bennett, Dr. Reginald (Gosport) Hudson, Sir Austin (Lewisham, N.) Renton, D. L. M
Bishop, F. P. Hylton-Foster, H. B. H. Ridsdale, J. E.
Black, C. W. Iremonger, T L. Roberts, Peter (Heeley)
Bossom, Sir A. C. Jenkins, Robert (Dulwich) Robertson, Sir David
Boyd-Carpenter, Rt. Hon J A Johnson, Eric (Blackley) Russell, R. S.
Boyle, Sir Edward Johnson, Howard (Kemptown) Ryder, Capt. R. E. D.
Braine, B. R. Jones, A. (Hall Green) Savory, Prof. Sir Douglas
Braithwaite, Sir Gurney Joynson-Hicks, Hon. L. W Scott-Miller, Cmdr. R.
Brooke, Henry (Hampstead) Kerby, Capt. H. B. Shepherd, William
Buchan-Hepburn, Rt. Hon. P. G. T. Kerr, H. W. Simon, J. E. S. (Middlesbrough, W.)
Butler, Rt. Hon. R. A. (Saffron Walden) Lancaster, Col. C. G. Smithers, Sir Waldron (Orpington)
Campbell, Sir David Langford-Holt, J. A. Spearman, A. C. M.
Channon, H. Legge-Bourke, Maj. E. A. H. Spens, Rt. Hon. Sir P (Kensington, S.)
Churchill, Rt. Hon. Sir Winston Linstead, Sir H. N. Stevens, Geoffrey
Conant, Maj. Sir Roger Lloyd, Rt. Hon. G. (King's Norton) Stewart, Henderson (Fife, E.)
Cooper, Sqn. Ldr. Albert Lloyd, Rt. Hon. Selwyn (Wirral) Strauss, Henry (Norwich, S.)
Cooper-Key, E. M. Lockwood, Lt.-Col. J. C. Studholme, H G
Craddock, Beresford (Spelthorne) Lucas, Sir Jocelyn (Portsmouth, S.) Summers, G. S.
Crookshank, Capt. Rt. Hon. H. F. C Lucas-Tooth, Sir Hugh Taylor, Sir Charles (Eastbourne)
Crouch, R. F. Lyttelton, Rt. Hon. O Teeling, W.
Crowder, Sir John (Finchley) McAdden, S. J. Thomas, Leslie (Canterbury)
Dodds-Parker, A. D. Macdonald, Sir Peter Thomas, P. J. M. (Conway)
Drewe, Sir C. McKibbin, A. J. Thompson, Lt.-Cdr. R. (Croydon, W)
Dugdale, Rt. Hon. Sir T. (Richmond) Maclay, Rt. Hon. John Thornton-Komsley, Col. C. N
Eden, J. B. (Bournemouth, West) MacLeod, John (Ross and Cromarty) Touche, Sir Gordon
Finlay, Graeme Macmillan, Rt. Hon. Harold (Bromley) Turton, R. H.
Fisher, Nigel Maitland, Comdr. J. F. W. (Horncastle) Vaughan-Morgan, J. K.
Fleetwood-Hesketh, R F Maitland, Patrick (Lanark) Vosper, D. F.
Fletcher-Cooke, C. Manningham-Buller, Rt. Hn. Sir Reginald Wakefield, Edward (Derbyshire, W.)
Ford, Mrs, Patricia Markham, Major Sir Frank Wakefield, Sir Wavell (St. Marylebone)
Fort, R. Marples, A. E. Walker-Smith, D. C.
Fraser, Hon. Hugh (Stone) Medlicott, Brig. F. Wall, Major Patrick
Fraser, Sir Ian (Morecambe Lonsdale) Mellor, Sir John Webbe, Sir H (London & Westminster)
Fyfe, Rt. Hon. Sir David Maxwell Moore, Sir Thomas Wellwood, W
Garner-Evans, E. H. Nabarro, G. D. N. Williams, Rt. Hon. Charles (Torquay)
Glover, D. Neave, Airey Williams, Gerald (Tonbridge)
Gough, C. F. H. Nicholson, Godfrey (Farnham) Williams, Sir Herbert (Croydon, E.)
Grimston, Hon. John (St. Albans) Nicolson, Nigel (Bournemouth, E) Williams, R. Dudley (Exeter)
Harris, Frederic (Croydon, N.) Nield, Basil (Chester) Wills, G
Harris, Reader (Heston) Nugent, G. R. H.
Harvey, Air Cdre. A. V. (Macclesfield) Nutting, Anthony TELLERS FOR THE AYES
Harvey, Ian (Harrow, E.) O'Neill, Hon. Phelim (Co. Antrim, N.) Mr. Oakshott and Mr. Legh
NOES
Bacon, Miss Alice Henderson, Rt. Hon. A. (Rowley Regis) Shinwell, Rt. Hon. E.
Bartley, P. Holman, P. Short, E. W.
Beswick, F. Holmes, Horace Silverman, Julius (Erdington)
Blackburn, F. Hudson, James (Ealing, N.) Simmons, C. J. (Brierley Hill)
Blenkinsop, A. Hughes, Cledwyn (Anglesey) Skeffington, A. M.
Blyton, W. R. Hughes, Emrys (S. Ayrshire) Slater, Mrs. H. (Stoke-on-Trent)
Bottomley, Rt. Hon. A. G Irving, W. J. (Wood Green) Smith, Ellis (Stoke, S.)
Bowden, H. W. Janner, B. Smith, Norman (Nottingham, S.)
Bowen, E. R. Jay, Rt. Hon. D. P. T. Sorensen, R. W.
Bowles, F. G. Johnson, James (Rugby) Soskice, Rt. Hon. Sir Frank
Brook, Dryden (Halifax) Jones, David (Hartlepool) Sparks, J. A.
Brown, Rt. Hon. George (Belper) Jones, Frederick Elwyn (West Ham, S.) Strachey, Rt. Hon. J.
Burton, Miss F. E. Jones, T. W. (Merioneth) Summerskill, Rt. Hon. E.
Butler, Herbert (Hackney, S.) Kenyon, C. Taylor, Bernard (Mansfield)
Callaghan, L. J. Key, Rt. Hon. C. W Taylor, Rt. Hon. Robert (Morpeth)
Castle, Mrs. B. A. King, Dr. H. M. Thomas, George (Cardiff)
Collick, P. H. Lawson, G. M. Thomas, Iorwerth (Rhondda, W.)
Cove, W. G. Lewis, Arthur Thomson, George (Dundee, E.)
Craddock, George (Bradford, S.) Lipton, Lt.-Col. M. Turner-Samuels, M.
Crosland, C. A. R. MacColl, J. E. Ungoed-Thomas, Sir Lynn
Darling, George (Hillsborough) McKay, John (Wallsend) Viant, S. P.
Davies, Ernest (Enfield, E.) Mellish, R. J. Wallace, H. W
Davies, Stephen (Merthyr) Messer, Sir F. Weitzman, D.
Deer, G. Mitchison, G. R. Wells, Percy (Faversham)
Delargy, H. J. Moody, A. S. Wells, William (Walsall)
Dugdale, Rt. Hon. John (W. Bromwich) Morley, R. West, D. G.
Edwards, Rt. Hon. John (Brighouse) Moyle, A. Wheeldon, W. E.
Edwards, W. J. (Stepney) Mutley, F. W. White, Mrs. Eirene (E. Flint)
Evans, Stanley (Wednesbury) Neal, Harold (Bolsover) White, Henry (Derbyshire, N.E.)
Fienburgh, W. Oldfield, W. H. Whiteley, Rt. Hon. W.
Follick, M. Orbach, M. Willey, F. T.
Foot, M. M. Pannell, Charles Williams, David (Neath)
Freeman, John (Watford) Parker, J. Williams, Rev. Llywelyn (Abertillery)
Gibson, C. W. Parkin, B. T. Williams, W. R. (Droylsden)
Grey, C. F. Paton, J. Williams, W. T. (Hammersmith, S.)
Griffiths, Rt. Hon. James (Lianelly) Popplewell, E Winterbottom, Ian (Nottingham, C.)
Grimond, J. Price, J. T. (Westhoughton) Winterbottom, Richard (Brightside)
Hale, Leslie Proctor, W. T. Wyatt, W. L.
Hall, Rt. Hon. Glenvil (Colne Valley) Pursey, Cmdr. H Yates, V. F.
Hamilton, W. W. Rhodes, H. TELLERS FOR THE NOES:
Harrison, J. (Nottingham, E.) Robens, Rt. Hon. A. Mr. Arthur Allen and Mr. John Taylor.
Hastings, S. Robinson, Kenneth (St. Pancras, N.)
Healy, Cahir (Fermanagh) Rogers, George (Kensington, N.)
Division No. 159.] AYES [12.58 p.m.
Aitken, W. T. Harvey, Air Cdre. A. V. (Macclesfield) Oakshott, H. D.
Alport, C. J. M. Harvey, Ian (Harrow, E.) O'Neill, Hon. Phelim (Co. Antrim, N.)
Amery, Julian (Preston, N.) Hay, John Orr-Ewing, Sir Ian (Weston-super-Mare)
Barlow, Sir John Heald, Rt. Hon. Sir Lionel Page, R. G.
Baxter, Sir Beverley Heath, Edward Pete, Brig. C. H. M.
Bell, Philip (Bolton, E.) Higgs, J. M. C. Pitt, Miss E. M.
Bell, Ronald (Bucks, S.) Hirst, Geoffrey Powell, J. Enoch
Bennett, Dr. Reginald (Gosport) Hornsby-Smith, Miss M. P Profumo, J. D.
Bishop, F. P. Horobin, I. M. Rayner, Brig. R
Black, C. W. Howard, Hon. Greville (St. Ives) Redmayne, M.
Bossom, Sir A. C. Hudson, Sir Austin (Lewisham, N.) Rees-Davies, W. R.
Bowen, E. R. Hylton-Foster, H. B. H. Renton, D. L. M.
Boyd-Carpenter, Rt. Hon. J. A. Iremonger, T. L. Ridsdale, J. E.
Boyle, Sir Edward Jenkins, Robert (Dulwich) Robertson, Sir David
Braine, B. R. Johnson, Eric (Blackley) Russell, R. S.
Braithwaite, Sir Gurney Johnson, Howard (Kemptown) Ryder, Capt. R. E. D.
Brooke, Henry (Hampstead) Jones, A. (Hall Green) Savory, Prof. Sir Douglas
Buchan-Hepburn, Rt. Hon. P. G. T. Joynson-Hicks, Hon. L. W. Scott-Miller, Cmdr. R.
Butler, Rt. Hon. R. A. (Saffron Walden) Kerby, Capt. H. B. Shepherd, William
Campbell, Sir David Kerr, H. W. Simon, J. E. S. (Middlesbrough, W.)
Channon, H. Lancaster, Col. C. G. Smithers, Sir Waldron (Orpington)
Churchill, Rt. Hon. Sir Winston Langford-Holt, J. A. Spearman, A. C. M.
Colegate, W. A. Legge-Bourke, Maj. E. A. H. Spens, Rt. Hon. Sir P. (Kensington, S.)
Conant, Maj. Sir Roger Legh, Hon. Peter (Petersfield) Stevens, Geoffrey
Cooper, Sqn. Ldr. Albert Linstead, Sir H. N. Stewart, Henderson (Fife, E.)
Cooper-Key, E. M. Lloyd, Rt. Hon. G. (King's Norton) Strauss, Henry (Norwich, S.)
Craddock, Beresford (Spelthorne) Lloyd, Rt. Hon. Selwyn (Wirral) Studholme, H. G.
Crookshank, Capt. Rt. Hon. H. F. C. Lockwood, Lt.-Col. J. C. Summers, G. S.
Crouch, R. F. Lucas, Sir Jocelyn (Portsmouth, S.) Taylor, Sir Charles (Eastbourne)
Crowder, Sir John (Finchley) Lucas-Tooth, Sir Hugh Teeling, W.
Daines, P. Lyttelton, Rt. Hon. O. Thomas, Leslie (Canterbury)
Dodds-Parker, A. D. McAdden, S. J. Thomas, P. J. M. (Conway)
Drewe, Sir C. Macdonald, Sir Peter Thompson, Lt.-Cdr. R. (Croydon, W.)
Dugdale, Rt. Hon. Sir T. (Richmond) McKibbin, A. J. Thornton-Kemsley, Col. C. N
Eden, J. B. (Bournemouth, West) Maclay, Rt. Hon. John Touche, Sir Gordon
Finlay, Graeme MacLeod, John (Ross and Cromarty) Turton, R. H.
Fisher, Nigel Macmillan, Rt. Hon. Harold (Bromley) Vaughan-Morgan, J. K.
Fleetwood-Hesketh, R. F. Maitland, Comdr. J. F. W. (Horncastle) Wakefield, Edward (Derbyshire, W.)
Fletcher-Cooke, C. Manningham-Buller, Rt. Hn. Sir Reginald Wakefield, Sir Wavell (St. Marylebone)
Ford, Mrs. Patricia Markham, Major Sir Frank Walker-Smith, D. C.
Fort, R. Marples, A. E. Wall, Major Patrick
Fraser, Hon. Hugh (Stone) Medlicott, Brig. F. Webbe, Sir H. (London & Westminster)
Fraser, Sir Ian (Morecambe & Lonsdale) Mellor, Sir John Wellwood, W.
Fyfe, Rt. Hon. Sir David Maxwell Moore, Sir Thomas Williams, Rt. Hon. Charles (Torquay)
Garner-Evans, E. H. Nabarro, G. D. N. Williams, Gerald (Tonbridge)
Glover, D. Neave, Airey Williams, Sir Herbert (Croydon, E.)
Gough, C. F. H. Nicholson, Godfrey (Farnham) Williams, R. Dudley (Exeter)
Grimond, J. Nicholson, Nigel (Bournemouth, E.) Wills, G.
Grimston, Hon. John (St. Albans) Nield, Basil (Chester)
Harris, Frederic (Croydon, N.) Nugent, G. R. H. TELLERS FOR THE AYES:
Harris, Reader (Heston) Nutting, Anthony Mr. Vosper and Mr. Robert Allan.
NOES
Allen, Arthur (Bosworth) Evans, Stanley (Wednesbury) Lawson, G. M.
Bacon, Miss Alice Fienburgh, W. Lewis, Arthur
Bartley, P. Fletcher, Eric (Islington, E.) Lipton, Lt.-Col. M.
Beswick, F. Follick, M. MacColl, J. E.
Blackburn, F. Foot, M. M. McKay, John (Wallsend)
Blenkinsop, A. Freeman, John (Watford) Mellish, R. J.
Blyton, W. R. Gibson, C. W. Messer, Sir F.
Bottomley, Rt. Hon. A. G. Grey, C. F. Mitchison, G. R.
Bowden, H. W. Griffiths, Rt. Hon. James (Lianelly) Moody, A. S.
Bowles, F. G. Hale, Leslie Morley, R.
Brockway, A. F. Hall, Rt. Hon. Glenvil (Colne Valley) Moyle, A.
Brook, Dryden (Halifax) Hamilton, W. W. Mulley, F. W.
Brown, Rt. Hon. George (Belper) Harrison, J. (Nottingham, E.) Neal, Harold (Bolsover)
Burton, Miss F. E. Hastings, S. Noel-Baker, Rt. Hon. P. J
Butler, Herbert (Hackney, S.) Healy, Cahir (Fermanagh) Oldfield, W. H.
Callaghan, L. J. Henderson, Rt. Hon. A. (Rowley Regis) Orbach, M.
Castle, Mrs. B. A. Holman, P. Pannell, Charles
Collick, P. H. Hudson, James (Ealing, N.) Parker, J.
Cove, W. G. Hughes, Cledwyn (Anglesey) Parkin, B. T.
Craddock, George (Bradford, S.) Hughes, Emrys (S. Ayrshire) Paton, J.
Crosland, C. A. R. Irving, W. J. (Wood Green) Pearl, T. F.
Darling, George (Hillsborough) Janner, B. Popplewell, E.
Davies, Ernest (Enfield, E.) Jay, Rt. Hon. D. P. T. Price, J. T. (Westhoughton)
Davies, Stephen (Merthyr) Johnson, James (Rugby) Proctor, W. T.
Deer, G. Jones, David (Hartlepool) Pursey, Cmdr. H.
Delargy, H. J. Jones, Frederick Elwyn (West Ham, S.) Rhodes, H.
Dugdale, Rt. Hon. John (W. Bromwich) Jones, T. W. (Merioneth) Robens, Rt. Hon. A.
Edwards, Rt. Hon. John (Brighouse) Kenyon, C. Robinson, Kenneth (St. Pancras, N.)
Edwards, W. J. (Stepney) Key, Rt. Hon. C. W. Rogers, George (Kensington, N.)
Evans, Edward (Lowestoft) King, Dr. H. M. Short, E. W.
Silverman, Julius (Erdington) Thomas, lorwerth (Rhondda, W.) Willey, F. T.
Simmons, C. J. (Brierley Hill) Thomas, Ivor Owen (Wrekin) Williams, David (Neath)
Skeffington, A. M. Thomson, George (Dundee, E.) Williams, Rev. Llywelyn (Abertillery)
Slater, Mrs. H. (Stoke-on-Trent) Turner-Samuels, M. Williams, W. R. (Droylsden)
Smith, Ellis (Stoke, S.) Ungoed-Thomas, Sir Lynn Williams, W. T. (Hammersmith, S.)
Smith, Norman (Nottingham, S.) Viant, S. P. Winterbottom, Ian (Nottingham, C.)
Sorensen, R. W. Weitzman, D. Winterbottom, Richard (Brightside)
Soskice, Rt. Hon. Sir Frank Wells, Percy (Faversham) Wyatt, W. L.
Sparks, J. A. Wells, William (Walsall) Yates, V. F.
Strachey, Rt. Hon. J. West, D. G.
Summerskill, Rt. Hon. E. Wheeldon, W. E. TELLERS FOR THE NOES:
Taylor, Bernard (Mansfield) White, Mrs. Eirene (E. Flint) Mr. Wallace and Mr. John Taylor.
Taylor, Rt. Hon. Robert (Morpeth) White, Henry (Derbyshire, N.E.)
Thomas, George (Cardiff) Whiteley, Rt. Hon. W.

Question put, and agreed to.

The Solicitor-General

I beg to move, in page 33, line 8, after "term," to insert "certain."

This is a drafting Amendment. In other places in the Bill a tenancy of this character is referred to as a tenancy for a term of years certain, and this Amendment will bring this Clause into line with the rest of the Bill.

Sir F. Soskice

I want to express my gratitude to the Solicitor-General for this change. It recalls a short passage of arms between us, when his view was right and mine was wrong.

Amendment agreed to.