§ 2.45 a.m.
§ Mr. KaufmanI beg to move Amendment No. 42, in page 19, line 5, leave out 'contract' and insert 'tenancy'.
§ Mr. KaufmanIn dealing with this last groups of amendments I feel it encumbent upon me, in view of the lacerating statements of the hon. Member for Hornsey (Mr. Rossi), to indulge in an apologia pro vita mea.
The hon. Member said in Committee that I went round the houses. I cannot think of a more sensible route to take on a Rent Bill. He also viciously accused me of receiving from the Box the information about Skinner v. Geary. I can assure him that Skinner v. Geary may have been a good case to cite but I found it myself and the Box did not intervene in any way. I was passed a book from the Box. I do not carry these books around with me. I found the case myself in a footnote and I should be given credit for that if for nothing else.
The first three of the amendments in the group bring the provisions of paragraph 1 of Schedule 3, governing existing furnished lettings by resident landlords in line with the provisions of Schedule 2—future lettings by resident landlords. It is necessary to provide separately for existing and future lettings by resident landlords as only existing furnished lettings will be exempt from full protection whereas both furnished and unfurnished new lettings by resident landlords 716 will be exempt from protection and subject to the rent tribunal. Amendment No. 52 is a Scottish version of Amendment No. 44.
§ Mr. EmeryWill you accept a manuscript amendment, Mr. Deputy Speaker, to delete a surplus "another" in Amendment No. 44?
§ Mr. KaufmanI have not received a note from the Box. I have received a nod and I accept the hon. Member's amendment. I share it with him as a happy conclusion to our working together on the Bill.
Mr. Deputy SpeakerOrder. There is an even happier ending. This is a printing error and therefore no amendment is needed.
§ Mr. EmeryMay I have from the Minister a definition of the "interest" in line 22 of Amendment No. 44?
§ Mr. KaufmanThe hon. Member has led me into one byway which I bitterly regret and I am not going to be led into any more.
§ Mr. EmeryAs this interest is related to paragraph (c) and there are two references to paragraph (c) in the amendment, it is for the Minister to tell us what is the interest referred to in that paragraph.
§ Amendment agreed to.
§
Amendments made: No. 43, in page 19, line 6, after 'building' insert:
'and that building is not a purpose-built block of flats within the meaning of section 5A of the Rent Act 1968'.
§
No. 44, in page 19, line 7, leave out from 'lessor' to end of line 26 and insert:
'Within the meaning of the relevant Part of the Rent Act, under the furnished letting—
(d) apart from this paragraph the furnished letting would, on the commencement date, become a protected furnished tenancy,
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the Rent Act shall apply, subject to sub-paragraph (2) below, as if the tenancy had been granted on the commencement date and as if the condition in paragraph (b) of section 5A(1) of the Rent Act 1968 were fulfilled in relation to the grant of the tenancy.
(2) In the application of the Rent Act 1968 to a tenancy by virtue of this paragraph—
(3) In any case where paragraphs (a), (b) and (d) of sub-paragraph (1) above apply but on the commencement date the interest referred to in paragraph (c) of that sub-paragraph is vested—
then, if the deceased immediately before his death or, as the case may be, the settlor immediately before the creation of the trust occupied as his residence another dwelling which also formed part of the building referred to in paragraph (b) of sub-paragraph (1) above, that sub-paragraph shall apply as if the condition in paragraph (c) thereof were fulfilled.(4) In the application of subsection (2)(c) of section 5A of the Rent Act 1968 in a case falling within sub-paragraph (3) above, any period before the commencement date during which the interest of the landlord is vested as mentioned in that subsection shall be disregarded in calculating the period of 12 months specified therein.'.
§
No. 52, in page 19, line 26, at end insert:
'1 A.—(1) In any case where—
the Act of 1971 shall apply, subject to subparagraph (2) below, as if the tenancy had been
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granted on the commencement date and as if the condition in paragraph (b) of section 5A(1) of that Act were fulfilled in relation to the grant of the tenancy.
(2) In the application of the Act of 1971 to a tenancy by virtue of this paragraph—
(3) In any case where paragraphs (a), (b) and (d) of sub-paragraph (1) above apply but on the commencement date the interest of the lessor under the furnished letting is vested in the executor of a deceased person, then, if that deceased person immediately before his death occupied as his residence another dwelling-house which also formed part of the building referred to in paragraph (b) of sub-paragraph (1) above, that sub-paragraph shall apply as if the condition in paragraph (c) thereof were fulfilled.
(4) In the application of subsection (3)(c) of section 5A of the Act of 1971, in a case falling within sub-paragraph (3) above, any period before the commencement date during which the interest of the lessor is vested in the executor as mentioned in that subsection shall be disregarded in calculating the period of 12 months specified in that subsection.
(5) In this paragraph "the Act of 1971" means the Rent (Scotland) Act 1971'.
§
No. 40, in page 19A, line 32, at end insert:
3.—(1) The provisions of this paragraph shall have effect with respect to the period beginning on the commencement date and ending on the day appointed for the purposes of subsection (1) of section (Rent allowances) of this Act, and in the following provisions of this paragraph that period is referred to as "the interim period".
(2) During the interim period every allowance scheme (including an allowance scheme which is the model scheme, as defined in section 20(7) of the Housing Finance Act 1972) shall be deemed to be varied to such extent as is necessary to take account of the provisions of subsections (2) to (5) of section (Rent allowances) of this Act and of the repeals of provisions of Part II of that Act contained in Part I of Schedule 4 to this Act.
(3) No account shall be taken for the purpose of section 24 of the Housing Finance Act 1972 (publicity for schemes) of any deemed variation of a scheme which is effected by sub-paragraph (2) above.
(4) Where, during the interim period, an authority vary their allowance scheme to take account of the provisions of the subsections of the repeals referred to in subsection (2) above, the variation shall not take effect until the day appointed as mentioned in sub-paragraph (1) above.
(5) At any time within the interim period an authority may vary their allowance scheme,
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with effect from the day appointed as mentioned in sub-paragraph (1) above, to take account of the modifications of Part II of the Housing Finance Act 1972 effected on and after that day by subsection (1) of section (Rent allowances) of, and Part II of Schedule 4 to, this Act.
(6) In this paragraph "allowance scheme" and "authority" have the same meanings as in Part II of the Housing Finance Act 1972.
4. Subsection (3) of section 20 of the Housing Finance Act 1972 (proposals for regulations varying Schedules 3 and 4 to that Act to be referred to the Advisory Committtee on Rent Rebates and Rent Allowances) shall not apply to regulations which are—
§
No. 53, in page 19A, line 32, at end insert—
'5.—(1) The provisions of this paragraph shall have effect with respect to the period beginning on the commencement date and ending on the day appointed for the purposes of subsection (1) of section (Rent allowances in Scotland) of this Act, and in the following provisions of this paragraph that period is referred to as "the interim period".
(2) During the interim period every allowance scheme, (including an allowance scheme which is the model scheme as defined in section 17(5) of the Act of 1972) shall be
| '1972 c. 46. | The Housing (Financial Provisions) (Scotland) Act 1972. | In Schedule 3, in paragraph 15(1)(g)(ii) the words "125per cent. of".' |
| No.38, in page 20, column 3, leave out line 39 and insert— | ||
| 'In section 23, in subsection (1) the words "or making orders under section 25(3A) of this Act". | ||
| In section 25, in subsection (1) the proviso, subsection (3A) and in subsection (4) the words "and orders". | ||
| Section 89'. | ||
| No.39, in page 20, line 40 (Schedule 4), at end add— | ||
| '1973 c. 6. | The Furnished Lettings (Rent Allowances) Act 1973. | In Schedule 1, paragraphs 17, 19 and 20'. |
§ deemed to be varied to such extent as is necessary to take account of the provisions of subsections (2) to (4) of section (Rent allowances in Scotland) of this Act.
§ (3) No account shall be taken for the purposes of section 19(2) of the Act of 1972 (publicity for allowance schemes) of any deemed variation of a scheme which is effected by sub-paragraph (2) above.
§ (4) Where, during the interim period, an authority vary their allowance scheme to take account of the provisions of the subsections referred to in sub-paragraph (2) above, the variation shall not take effect until the day appointed as mentioned in sub-paragraph (1) above.
§ (5) At any time within the interim period an authority may vary, with effect from the day appointed as mentioned in sub-paragraph (1) above, their allowance scheme to take account of the modifications of section 16 of the Act of 1972 effected on and after that day by subsection (1) of section (Rent allowances in Scotland) of this Act.
§ (6) In this paragraph "the Act of 1972" means the Housing (Financial Provisions) (Scotland) Act 1972; and "allowance schemes" and "authority" have the same meanings as in Part II of the Act of 1972.'—[Mr. Kaufman.]