HC Deb 30 June 1969 vol 786 cc105-7

(1) Subject to subsection (2) and (3) of this section, where a house belonging to an authority to which this section applies is let for any period, the rent payable to the authority under the tenancy may, without the tenancy being terminated, be increased with effect from the beginning of any rental period (that it to say, a period in respect of which a payment of rent falls to be made) by a written notice of increase given by the authority to the tenant not less than four weeks before the beginning of rental period, or any earlier day on which the payment of rent in respect of that period falls to be made).

(2) Where an authority to which this section applies gives under subsection (1) of this section a notice of increase which is to be operative as from the beginning of a rental period and the tenancy continues into that period, the notice shall nevertheless not have effect if the tenancy is terminated by a notice of removal given by the tenant in accordance with the provisions express or implied of the tenancy, and—

  1. (a) the notice of removal is given before the end of the period of two weeks following the date on which the notice of increase is given, or such longer period as may be allowed by the notice of increase; and
  2. (b) the date on which the tenancy is made to terminate is not later than the earliest clay on which the tenancy could be terminated by a notice of removal given by the tenant on the last day of that period.

(3) A notice of increase given by an authority to which this section applies under subsection (1) of this section shall not be valid unless it informs the tenant of—

  1. (a)his right to terminate the tenancy and the steps to be taken by him if he wishes to do so, and
  2. (b) the dates by which, if the increase is not to be effective, the notice of removal must be received by the authority and the tenancy be made to terminate.

(4) This section shall apply in relation to a tenancy of a house belonging to an authority to which this section applies notwithstanding that the letting took place before the date of the commencement of this Act.

(5) This section shall apply to any of the following authorities, that is to say—

  1. (a) a local authority;
  2. (b) a development corporation as defined in section 2 of the New Towns (Scotland). Act 1968;
  3. (c) the Scottish Special Housing Association;
  4. (d) a regional water board or a water development board as respectively defined in section 34(1) of the Water (Scotland) Act 1967.

(6) In this section 'local authority' means a town council, county council, joint county council of a combined county, or a joint board or a joint committee; and for the purposes of the definition of local authority 'joint board' and 'joint committee' have the meanings respectively assigned to them by section 379(1) of the Local Government (Scotland) Act 1947.

(7) Section 12 of the Prices and Incomes Act 1968 (increase of local authority rents without notice to quit) is hereby repealed.—[Dr. Dickson Mabon.]

Brought up, and read the First time.

7.1 p.m.

The Minister of State, Scottish Office (Dr. J. Dickson Mahon)

I beg to move, That the Clause be read a Second time.

Mr. Speaker

We can take at the same time the Government Amendments Nos. 33 and 34.

Dr. Mabon

These Amendments are consequential to the new Clause.

The House will recall that the National Board for Prices and Incomes, in its Report No. 62 on local authority rents, suggested in paragraph 81 that the requirement of a formal notice to quit to accompany the offer of a new tenancy at a new rent should be changed. Accordingly, Section 12 of the Prices and Incomes Act, 1968, allowed the local authority to increase the rents of houses in their housing revenue account by sending to the tenants a simple notice of increase. The new Clause re-enacts for Scotland Section 12 of the Prices and Incomes Act, 1968.

We have taken this opportunity of extending it to cover the Scottish Special Housing Association and the new town development corporations. Hon. Members with experience of this matter know that constituents who have been affected by this procedure in the past were, understandably but wrongly, sometimes distressed about the meaning of these formal notices. This change has been welcomed, and I hope that the new Clause will receive the endorsement of all concerned. Certainly local authorities are very glad about it because it also brings in school houses, police houses and houses owned by water and sewerage authorities which are not in the housing revenue account.

Mr. Gordon Campbell (Moray and Nairn)

I am glad to accede to your request, Mr. Speaker, by making a very short speech. I hope to be able to continue in this way.

The new Clause deals with something which has caused many misunderstandings in Scotland. There was an obligation on public authorities, when informing tenants that the rent would be raised, to give a notice to quit at the same time. The Minister has rightly said that people were often distressed and were very anxious because they thought that they were being turned out of their house. They often required firm legal assurance before they were satisfied. We therefore accept the principle of the Clause, which should improve the situation in Scotland.

Question put and agreed to.

Clause read a Second time, and added to the Bill.