EXCEPTION IN THE CASE OF RESIDENTIAL ACCOMMODATION (Hansard, 23 October 1968)

§ Mr. Ennals
I beg to move, That this House cloth agree with the Lords in the said Amendment.

§ Mr. Deputy Speaker
With this Amendment we can also take Lords Amendment No. 4.

§ Mr. Ennals
During discussion in the Commons Committee, an Amendment had been proposed by the hon. Member for Dorking (Sir G. Sinclair) to except from the housing provisions of the Bill the disposal of property where the person concerned does not use an agent or does not advertise. An Amendment on these lines, although not exactly in the terms moved by the hon. Gentleman, was moved by the Government and accepted. It was net intended, however, that when a person disposed of his property in this way he should be prevented from obtaining advice from a third party as to the value or state of the property, even if the 1338 third party was in business as an estate agent.
The owner might use the services of a person who is also an estate agent for doing various jobs in connection with the sale of a house, such as providing reports on its value or condition. Many persons are in business as estate agents, surveyors and valuers. The effect of the Amendment is that a person who sells property owned and wholly occupied by him, will be excepted from the housing provisions of the Bill, provided that he does not use the services of an estate agent as defined in Clause 7(8) to find a buyer, and does not publish an advertisement or notice in conection with the sale.

§ Mr. Anthony Buck (Colchester)
As the hon. Gentleman knows, the majority of my hon. and right hon. Friends expressed the view that it was probably wrong to extend the provisions of the Bill to individual sales of owner-occupied property. This goes some way to assisting the person who does make an individual sale of his own property, and wishes to put himself outside the ambit of the Measure. It makes it clear that he will be able to consult an estate agent relative to an offer, and so forth, and then dispose of his property privately in any way he wishes, so long as he does not advertise or put it through the hands of an agent.
That meets the point raised by my hon. Friend and also points raised in another place, particularly by the noble Lord, Lord Brooke of Cumnor. We welcome this Amendment.