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Lords amendment: No. 2, in page 2, line 4, at end insert new Clause B:
B. In Schedule 1 to the Agricultural Holdings Act 1948 (matters for which provision is to be made in written tenancy agreements), after paragraph 9 there shall be added—
10. A covenant by the tenant not to assign, sub-let or part with possession of the holding or any part thereof without the landlord's consent in writing.".
§ The Parliamentary Secretary to the Ministry of Agriculture, Fisheries and Food (Mr. Gavin Strang)I beg to move, that this House doth agree with the Lords in the said amendment.
1176 The purpose of this new clause is to correct an inadvertent anomaly in the Bill which was raised during the Committee stage in another place and by the Agricultural Law Association. The anomaly would arise in certain cases as a result of Clause 16 which makes the notice to quit on death apply on the death of the occupier who may be an assignee. It would be possible in some circumstances for a series of judiciously-timed assignments to go on indefinitely so that no tenant ever died in possession of the holding. In these circumstances, no notice to quit on death could be served and the family succession provisions would be by-passed.
This is an unintended and undesirable side effect which we had not previously recognised. The amendment which was tabled by the Government at a later stage 1177 to meet the situation enables a landlord to go to arbitration to prevent a tenancy being assigned without his written consent.
I should add that we have consulted the CLA and the NFU over this amendment and they have not raised any objections. It is a fairly straightforward and technical matter. I presume that the House will not wish to dwell upon it.
§ Mr. JoplingWe are happy to accept the amendment, which I understand was moved by the Government on Report in another place following an amendment moved by a Conservative Peer. We are glad to accept it and to have heard what the Minister said.
§ Question put and agreed to.