HC Deb 01 November 1965 vol 718 cc761-2

Lords Amendment No. 11: In page 10, line 34, leave out "before" and insert "not later than".

Mr. MacColl

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

This really is a drafting Amendment which, in so far as it has any effect, improves the position from the point of view of the person living in occupation of the premises. In Clause 14, the notice had to be given

5 " .—(1) The following provisions of this section shall apply where a dwelling-house which was at any time occupied by a person under the terms of his employment as a person employed in agriculture has been let on a regulated tenancy to a person other than—
(a) a person who is or at any time was so employed by the landlord; or
(b) the widow of any such person as is mentioned in paragraph (a) of this subsection.
10 (2) If—
15 (a) not later than the commencement of the tenancy (or, if tenancy was created before the commencement of this Act, not later than six months after the commencement of this Act) the tenant has been given notice in writing that possession may be recovered under this section; and
(b) apart from the Rent Acts the landlord would be entitled to recover possession of the dwelling-house; and
20 (c) the court is satisfied that the dwelling-house is required for occupation by a person employed or to be employed by the landlord in agriculture;
the court shall make an order for the possession of the dwelling-house, whether or not it would have power to do so under section 3 of the Act of 1933, and section 5(2) of the Act of 1920 shall not apply in relation to the order.
25 (3) In this section 'employed', 'employment' and 'agriculture' have the same meanings as in the Agricultural Wages Act 1948 or in Scotland, the Agricultural Wages (Scotland) Act 1949."

Read a Second Time.

Sir Charles Mott-Radclyffe (Windsor)

I beg to move, as an Amendment to the Lords Amendment, in line 3, to leave out from first "person" to end of line and to insert "employed or primarily engaged".

Mr. Speaker

I think that it would be for the convenience of the House to take also the following Amendment to the Lords Amendment: in line 19, leave out from "or" to "in" in line 20 and insert "primarily engaged".

Sir C. Mott-Radclyffe

Thank you, Mr. Speaker. This is an Amendment to

"not later than the commencement of the tenancy."

In Clause 15 as it left this House, it had to be given before the commencement of the tenancy. As the notice might be given in a lease, it is better to have the same provision in Clause 15 as in Clause 14. The effect is to provide a somewhat longer period in which to give notice.

Question put and agreed to.