HC Deb 01 November 1965 vol 718 cc804-5

Lords Amendment No. 25: In page 21, line 10, leave out from "enforce" to "or" in line 11 and insert: a lessor's right of re-entry or forfeiture".

The Solicitor-General

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

The Amendment is consequential on Amendment No. 22, to insert new Clause C.

Mr. Graham Page

An applicant under new Clause C can apply to exercise a right of re-entry or forfeiture in respect even of a regulated tenancy, I understand. Does this Amendment mean that if a tenancy agreement in a regulated tenancy contains a right of re-entry or forfeiture a possession order can be made by the High Court?

The Solicitor-General

By leave of the House, my reply to the hon. Gentleman is that a possession order can be made by the court—not necessarily the High Court—wherever there is in that lease a right of re-entry or forfeiture and not, of course, in any other case.

Mr. Graham Page

By leave of the House, may I ask why not in the High Court? The Clause says: Nothing in this Part of the Act shall affect the jurisdiction of the High Court in proceedings to enforce the right of possession on the forfeiture … Surely that means that any application can be made to the High Court for a possession order if there is a right of re-entry written into the tenancy agreement.

The Solicitor-General

Again by leave of the House, I remind the hon. Gentleman that I said it did not make any difference which court it might be, whether it be the High Court or the county court. Where there is a right of re-entry or forfeiture written into the lease, the effect of the earlier Amendment and of this one is that the right cannot be exercised except by leave of the appropriate court.

Question put and agreed to.

Lords Amendment No. 26: In page 21, line 20, leave out paragraph (d) and insert: (d) section 13 of the Compulsory Purchase Act 1965.

Mr. MacColl

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

This arises, happily, out of consolidation, about which the hon. Member for Crosby (Mr. Graham Page) knows more than I do. The old Land Clauses Acts have been consolidated into the Compulsory Purchase Act whilst this Bill has been going through Parliament and this Amendment brings the Bill up to date accordingly.

Question put and agreed to.