HC Deb 10 July 1964 vol 698 cc799-801

Lords Amendment: In page 45, line 40, leave out "the rack-rent" and, insert: any rent (including a rack-rent) payable by the tenant (as defined in this section)".

Mr. Corfield

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

The Amendment arises from the extension of the Bill to the agricultural service tenant. It necessitates an alteration of the definition of the person having control. Normally, a service tenant does not pay a rack-rent, and, equally, a farmer does not normally pay a rack-rent for the farmhouse. The Amendment is necessary to ensure that in the one case it is the farmer tenant and in the other case the landlord who are the persons having control.

Question put and agreed to.

Subsequent Lords Amendments agreed to.

Lords Amendment: In page 46, leave lines 4 to 19.

Mr. Corfield

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

It would be convenient, Mr. Speaker, if we could consider at the same time the Lords Amendment in page 47, line 27.

Mr. Speaker

Yes, if that is convenient.

Mr. Corfield

This is a paving Amendment to the other, which redefines a tenant, again very largely, if not entirely, arising from the fact that the Bill has been extended to the agricultural tenant. I must point out that the Amendment takes the provisions a little further than we discussed earlier in that it extends the powers to an area improvement on the proposition that there might be an improvement area in a village and that among the houses in the village there might well be a service tenancy. It is a slight extension of what we discussed hitherto.

Question put and agreed to.

Lords Amendment: In page 46, line 20, leave out from "which" to end of line 24, and insert: as constructed contained, and which contains, two or more flats;

Mr. G. Campbell

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

This is a drafting Amendment redefining the term "tenement" as used for Scotland in Part II of the Bill.

Mr. M. Stewart

Could we be assured that this really is drafting and nothing more? The Bill as it now stands defines "tenement" as something: which was constructed in the form of, and consists of, … two or more flats, or … two or more flats together with shops, offices, stores or other premises". The reference to a building which contains: two or more flats together with shops, offices, stores or other premises seems to have disappeared as a result of the Amendment, and we are left only with the definition of "tenement" as a building which, as constructed, contained, and which contains, two or more fiats.

Does that not make an alteration of substance, and is it not something more than a drafting Amendment? If the Amendment is made, what is the position with regard to a building containing two or more fiats, together with shops, offices, stores or other premises?

Mr. G. Campbell

The intention of the Amendment is to make sure that the definition will cover all kinds of Scottish tenements. I quite understand the point put by the hon. Gentleman and that he would like an assurance that this is so. The definition formerly in the Bill appeared to exclude a type of building which as originally constructed contained only houses but which as a result of structural alterations or changes of use now incorporates shops or other premises. This was not intended. The intention was to cover all kinds of Scottish tenements. I can assure the hon. Gentleman that the definition now proposed will cover all of them and will not allow the type which I have mentioned to escape.

Question put and agreed to.