HC Deb 01 April 1958 vol 585 cc999-1000
3. Mr. Janner

asked the Minister of Housing and Local Government and Minister for Welsh Affairs whether he is aware that, on the termination of a notice to quit given to a person occupying a dwellinghouse of a rateable value of not more than £40 in London or £30 elsewhere in England and Wales, possession of which has been first obtained by the tenant since 6th June, 1957, or, on the death of a statutory tenant of such a dwellinghouse, by virtue of Section 6 of the Rent Act, 1920, the landlord is entitled to break open the door of the house with a crowbar or other forcible appliance when nobody is in the house and resume possession without obtaining an order of a court; and what Steps he will take to deal with this by amending the law relating to possession.

Mr. H. Brooke

I would refer the hon. Member to the Answer I gave him on 18th March, 1958.

Mr. Janner

Is not the Minister aware that that was an entirely evasive Answer? If he is not satisfied about my point, will he refer to Woodfall on "Landlord and Tenant", where he will see that even a crowbar can be used, as long as tenants are not physically in the house, in order to evict them? Is not it a fact that for very many years landlords have exercised the right of taking possession without going to the county court, or any other court, for an order? In these circumstances, does the Minister realise that he is putting hundreds of thousands of tenants in peril of landlords walking in without such an order?

Mr. Brooke

The hon. Member is more learned in the law than I am—

Mr. Janner

Woodfall certainly is.

Mr. Brooke

—but I must say that it seems highly improbable, as I said on 18th March, that any landlord would use this method in the case of an unfurnished, as distinct from a furnished, tenancy.