HC Deb 20 June 1967 vol 748 cc1610-1
Mr. Willey

I beg to move Amendment No. 65, in page 38, line 35 [Clause 23], after 'binding', to insert: 'or any provision of such an agreement excluding or restricting for a period not exceeding five years the right to give a further notice of either kind with respect to the house or any part of it;'. This Amendment was prompted by a suggestion of the hon. Member for Crosby (Mr. Graham Page). We are here avoiding prejudicing reaching agreement by the possibility of a party insisting on the provisions of Clause 9(3). I hope that the Amendment will be acceptable to the hon. Gentleman.

Amendment agreed to.

1.15 a.m.

Mr. Skeffington

I beg to move Amendment No. 66 in page 39, line 18, to leave out from 'court' to first 'and' in line 20.

This is little more than a drafting Amendment. We accepted an Amendment in Committee, moved by the hon. Member for Crosby (Mr. Graham Page) and it was pointed out that the insertion of the words "the freehold or" in line 14 left a certain amount of doubt in drafting and the words on the Order Paper restore the position.

Amendment agreed to.

Mr. Skeffington

I beg to move Amendment No. 67, in page 39, line 26, at the end to insert: Provided that where the existing tenancy is granted after the commencement of this Part of this Act (whether or not it is, by virtue of section 3(3) above, to be treated for other purposes as forming a single tenancy with a previous tenancy) and, the grant being subsequent to the creation of a charge on the landlord's estate, the existing tenancy is not binding on the persons interested in the charge, a tenancy so granted shall not by virtue of this subsection be binding on those persons. This is a precisely similar point to that in Amendments No. 40 and No. 43 where we were seeking to prevent a fraud upon the mortgagee. I explained it and I am willing to explain it again if the House would like, but there could be collusion with the freeholder by creating a long lease and, after the qualifying period of five years, the occupier asking for a new lease. He could then sell the freehold without encumbrance. We are safeguarding the position of the mortgagee.

Amendment agreed to.

Further Amendments made: In line 8, leave out from 'above' to 'except' in line 29, and insert:

  1. (a) the terms of the new tenancy may exclude any right to acquire the freehold under this Part of this Act; and
  2. (b).

In line 30, leave out '16(1) to (6) above' and insert: '14(4A) above, section 16(1) to (6)'.—[Mr. Skeffington.]