HC Deb 20 June 1967 vol 748 cc1572-3
Mr. Skeffington

I beg to move Amendment No. 20, in page 8, line 21, at the beginning to insert: (1) Where a tenant of a house is occupying it as his residence, his occupation of it at any earlier time shall for purposes of this Part of this Act be treated as having been an occupation in right of the tenancy if at that time—

  1. (a) the tenancy was settled land for purposes of the Settled Land Act 1925, and he was sole tenant for life within the meaning of that Act; or
  2. (b) the tenancy was vested in trustees and he, as a person beneficially interested (whether directly or derivatively tinder the trusts), was entitled or permitted to occupy the house by reason of that interest.
References in this section to trustees include persons holding on the statutory trusts arising by virtue of sections 34 to 36 of the Law of Property Act 1925 in cases of joint ownership or ownership in common. This Amendment puts beyond doubt certain cases which generally arise under the Settled Land Act and there are beneficiaries who may be in occupation but not strictly in title. But when there is a change of circumstances, such as when the trust comes to an end or there are joint tenants and one tenant dies—in all the cases enumerated in the Amendment—a period of occupation will go towards the qualifying period of the tenancy.

Amendment agreed to.

Mr. Skeffington

I beg to move Amendment No. 21, in page 8, line 22, leave out second 'the' and insert 'a sole'.

This is little more than a drafting Amendment. It is to make clear that where there are joint tenants for life under the Settled Land Act, and only one may be in occupation, the right of enfranchisement can be extended to either of the parties.

Amendment agreed to.

Further Amendment made: No. 22, in page 8, line 36, after 'a', insert 'sole'.[Mr. Skeffington.]

Mr. Skeffington

I beg to move Amendment No. 23, in page 8, line 42. leave out and' and insert: (3) Without prejudice to any powers exercisable under the Settled Land Act 1925 by tenants for life or statutory owners within the meaning of that Act, where a tenancy of a houes is vested in trustees, then. The hon. Member for Hornsey (Mr. Rossi) will remember that we had a number of discussions about the position of statutory owners, and this Amendment disposes of the doubt raised in Committee that "statutory owners" under the Settled Land Act are not trustees.

Amendment agreed to.

Further Amendment made: No. 24, in page 9, line 10, leave out 'statutory owners or trustees' and insert 'or statutory owners or by trustees for sale'.[Mr. Skeffington.]