Schedule 1.—(ENFRANCHISEMENT AND EXTENSION BY SUB-TENANTS.) (Hansard, 20 June 1967)

§ Mr. Willey
I beg to move Amendment No. 81, in page 64, line 11, at the end, to insert: ', and he shall deal directly with the claimant if the claimant by written notice given to him and to the reversioner so requires.' I am glad to realise that we have now reached the Schedules. This is another Amendment arising out of comments by the Law Society; it will provide for more flexibility.

§ Mr. Skeffington
I beg to move Amendment No. 82, in page 65, line 37, at the end to insert: (2) Where by reason of section 11(2) of this Act it is necessary to make (otherwise than out of the price payable for the house and premises) any payment for the redemption of a rent-charge or other rent, the reversioner, if he is not the landlord liable or primarily liable in respect of the rent-charge or rent, shall not he required to make that payment otherwise than out of money made available for the purpose by that landlord, and it shall be the duty of that landlord to provide for the redemption; and similarly where by reason of section 12(8) proviso of this Act it is necessary to discharge the house and premises from a charge affecting the interest of any landlord. This is partly consequential on our Amendments to Clause 12. where there is a chain of leases. It seeks to deal with the case in which, under Clause 11(2), it is necessary for a landlord to discharge a rent charge by means of a money payment otherwise than out of the price which he is to receive, or by reason of 1619 the proviso inserted in Clause 12(8) by a previous Amendment, to discharge the house and premises from a mortgage by a payment out of his own pocket. The Amendment provides that the reversioner, unless he is the landlord liable under these provisions to make the payment, will not be liable to do so except out of money provided by the landlord who is liable.

§ Mr. Skeffington
I beg to move Amendment No. 85, in page 67, line 49, at the end to insert: (2) Where by reason of section 14(4) proviso of this Act it is necessary to make any payment to discharge the house and premises from a charge affecting the interest of any landlord, the reversioner, if he is not the landlord liable or primarily liable in respect of the charge, shall not be required to make that payment otherwise than out of money made available for the purpose by that landlord, and it shall be the duty of that landlord to provide for the charge being discharged. This Amendment is similar to Amendment No. 82 where there is a chain of leases. This is a similar case in which the landlord might be otherwise forced to pay money out of his own pocket when the debt has to be discharged. In fact, the obligation is due to another holder of one of the leases. The Amendment so provides.

§ Mr. Willey
I beg to move Amendment No. 86, in page 68, line 16, at the end to insert: 14.—(1) This Schedule shall apply notwithstanding that the tenancy in possession is a tenancy from the Crown within the meaning of section 33 of this Act; and where under section 33(1)(b) the appropriate authority gives notice that as regards a Crown interest the authority will grant or concur in granting the freehold or an extended lease, then except as regards the manner of execution of any conveyance or lease this Schedule shall have effect in relation to that interest and in relation to the appropriate authority on behalf of the 1620 Crown as it has effect in relation to other landlords and their interests, but shall not empower a person other than the appropriate authority to execute a conveyance or lease on behalf of the Crown. (2) A conveyance or lease executed in pursuance of paragraph 4(3) above shall be effective notwithstanding that the interest intended to be conveyed or bound is a Crown interest or a tenancy from the Crown. This Amendment is concerned with a chain of leases where one of the superior interests is held by the Crown. Subsection (2) of the Amendment is similar to the "Rossi" new Clause which we discussed earlier.