HC Deb 10 July 1964 vol 698 cc792-5

Lords Amendment: In page 40, line 13, at end insert: (1A) This section shall not authorise the county court to increase the rent payable to the landlord in respect of an agricultural holding as defined in the Agricultural Holdings Act 1948.

Mr. Corfield

I beg to move, That this House doth agreed with the Lords in the said Amendment.

This Amendment is necessary as a result of bringing the service occupier in an agricultural cottage into the provisions of the Bill regarding improvements, and this Lords Amendment ensures that any increase in rent which may result from improvements falls to be determined under the Agricultural Holdings Act, 1948, which is clearly most suitable, and not under the other provisions which apply in the ordinary cases which are related to the Rent Act.

Mr. M. Stewart

I take it that really the need for this Amendment springs from the new Clause C which, I see, is to be added later. Of course, we on this side of the House very much welcome both this Amendment and the one which gives rise to it. This was a matter which was discussed at some length in Committee on the Bill. I am very glad that the Government have been able to make this extension in the purposes of the Bill.

Question put and agreed to.

Lords Amendment: In page 40, line 16, at end insert: (3) Subsection (1A) of this section shall not apply to Scotland, but this section shall not authorise the sheriff to increase the rent payable to the landlord in respect of—

  1. (a) an agricultural holding within the meaning of the Agricultural Holdings (Scotland) Act 1949, or
  2. (b) a croft within the meaning of the Crofters (Scotland) Act 1955, or
  3. (c) a holding within the meaning of the Small Landholders (Scotland) Acts 1886 to 1931."

Mr. G. Campbell

I beg to move, That this House doth agree with the Lords in the said Amendment.

This is the Scottish parallel to the previous Amendment. This disapplies the Clause to agricultural holdings in Scotland and leaves the adjustment of rents of such holdings under existing legislation.

Question put and agreed to.

Lords Amendment: In page 40, line 16, after the words last inserted insert new Clause A (Rent limit in Rent Act 1957: increase for improvement under Part II): A.—(1) In the case of an improvement effected in compliance with an immediate improvement notice or final improvement notice or an undertaking accepted under this Part of this Act, section 5 of the Rent Act 1957 (increase for improvements) shall have effect subject to the provisions of this section. (2) If—

  1. (a) the landlord, or a predecessor in title of the landlord, is the person who expended money on the improvement, and
  2. (b) a standard grant under section 4 of the Act of 1959 in respect of the improvement, although obtainable, has not been obtained,
the said section 5 (4) (under which, as amended by section 27 of the Act of 1959, the making of a standard grant reduces the increase of rent authorised by that section) shall apply as if that standard grant had been obtained. (3) In any proceedings relating to the increase authorised by the said section 5 in respect of the improvement it shall be assumed, until the contrary is proved, that a standard grant was obtainable in respect of the improvement. (4) The local authority shall, at the request in writing of the landlord or the tenant, give to him an estimate in writing of what the amount of the standard grant would have been if it had been obtained, and for the purposes of any such proceedings that estimate shall be sufficient evidence of what that amount would have been. (5) Section 25 of the Rent Act 1957 shall apply for the interpretation of this section.

Mr. Corfield

I beg to move, That this House doth agree with the Lords in the said Amendment.

This new Clause, I think, meets the point which was originally raised by the hon. Member for Hayes and Harlington (Mr. Skeffington) in Committee, whereby it would be possible in a controlled dwelling for the landlord, by refusing to take the grant, to put up the rent a good deal higher than would otherwise be the case, and that that might conceivably be used as a means of bringing pressure to bear on the tenant to leave the house.

Accordingly, this Amendment provides that even in those circumstances, if the landlord does not take the grant, the grant he would have been entitled to is taken into account.

Mr. M. Stewart

Again, I am glad to see this Amendment, but I wonder whether we could be told whether it applies to Scotland, and, if not, why not? I do not think it can, because of the legislation to which it refers, but why is there no Scottish equivalent to this new Clause? I see that later we have another new Clause and that there is a further new Clause translating that into Scottish law. There does not, however, seem to be any such Scottish equivalent to this new Clause now before us.

Mr. G. Campbell

The immediately following Lords Amendment is the parallel Clause for Scotland.

Question put and agreed to.