HC Deb 07 August 1980 vol 990 cc823-5

Lords amendment: No. 51, in page 38, line 8, after the words last inserted, insert B.—(1) Section 4 of the 1971 Act shall be amended as follows— (a) in subsection (1)—

  1. (i)before "a tenancy" insert "Subject to subsection (3) below"; and
  2. (ii)the words "or of the Duchy of Lancaster; or to the Duchy of Cornwall" are repealed.
(b) after subsection (2) add a new sub-section— (3) An interest belonging to Her Majesty in right of the Crown shall not prevent a tenancy from being a protected tenancy or a person from being a statutory tenant if the interest is under the management of the Crown Estate Commissioners. (2) Section 6(3) of the 1971 Act shall be amended by inserting after paragraph (a) a new paragraph— (aa) in relation to any dwelling-house of which a tenancy granted before the commencement of section B of the Tenants' Rights, Etc. (Scotland) Act 1980 becomes, or would but for its low rent become, a protected tenancy by virtue of that section, means the date of commencement of that section.". (3) Section 85 of the 1971 Act shall be amended as follows— (a) in subsection (3)—
  1. (i) before "This Part" insert "Subject to subsection (3A) below";
  2. (ii)in paragraph (a) the words "or of the Duchy of Lancaster or to the Duchy of Cornwall" are repealed;
 (b) after subsection (3) insert a new sub-section— (3A) An interest belonging to Her Majesty in right of the Crown shall not prevent this Part of this Act from applying to a contract if the interest is under the management of the Crown Estate Commissioners.". (4) Schedule 3 to the 1971 Act shall be amended as follows— (a) in Case 5 after "1965" insert "or, in the case of a tenancy which became a regulated tenancy by virtue of section B of the Tenants' Rights, Etc. (Scotland) Act 1980, after the commencement of that section"; and (b) in Part III, in paragraph 2 at the end add a new paragraph— (aaa) in the case of a tenancy which becomes a regulated tenancy by virtue of section B of the Tenants' Rights, Etc. (Scotland) Act 1980, the relevant date means the date falling six months after the passing of that Act; and". (5) Section 134 of the 1971 Act shall be amended by adding the following new sub-sections— (3) Where an interest belongs to Her Majesty in right of the Duchy of Lancaster, for the purposes of this Act the Chancellor of the Duchy of Lancaster shall be deemed to be the owner of the interest. (4) Where an interest belongs to the Duchy of Cornwall, for the purposes of this Act the Secretary of the Duchy of Cornwall shall be deemed to be the owner of the interest.".

Mr. Deputy Speaker

This amendment requires the Queen's consent and the Prince of Wales's consent.

Mr. Younger

I beg to move, That this House doth agree with the Lords in the said amendment.

Mr. Deputy Speaker

With this we may take Lords amendments Nos. 72 and 76.

5.15 pm
Mr. Younger

The new clause has the effect of bringing within the Rent Act protection tenants of the Crown Estate Commissioners, the Duchy of Cornwall and the Duchy of Lancaster. Tenants who are brought within the Rent Acts by the clause will have full security of tenure and will be subject to the fair rents system. It has been the practice in the past to apply the Rent Acts administratively to such tenants. After this new clause is passed, the tenants will have for the first time statutory entitlement to this protection.

Question put and agreed to.—[Queen's consent on behalf of the Crown, and Prince of Wales's consent on behalf of the Duchy of Cornwall, signified.]

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