HC Deb 11 June 1980 vol 986 cc723-5

Amendment made : No. 152, in page 32, line 20, after ' shall ', insert 'either before or not later than 3 months after the expiry of the period specified in the tenancy agreement, or in a case to which subsection (4) below applies the expiry of a period of 12 months for which the tenancy is continued under that subsection'.—[Mr. Rifkind.]

Mr. Rifkind

I beg to move amendment No. 154, in page 32, line 33, leave out from ' is ' to ' that ' in line 34 and insert ' just and equitable'.

In Committee the Opposition were anxious about the discretion of the court to disregard minor technical breaches. The Committee was anxious to ensure that the provision which was regarded as desirable should be implemented so that it did not act unfairly to the detriment of the tenant. By introducing this requirement that it has to be "just and equitable" for the sheriff to use his discretion in the manner provided, we hope to meet the point raised by the Opposition. I commend the amendment.

Mr. Millan

We do not like this provision in the Bill. We are grateful, however, for the fact that the wording has been improved.

Amendment agreed to.

Amendment made : No. 155, in page 32, line 44, at end add— '(4) Where a landlord fails timeously to serve a notice in compliance with subsection (2) above, the tenancy shall be continued as a short tenancy for a period of 12 months beginning with the expiry of the period specified in the tenancy agreement.'.—[Mr. Rifkind.]

Mr. Gordon Wilson

I beg to move amendment No. 156, in page 32, line 44, at end insert— '(5) The Secretary of State shall by order made by statutory instrument prescribe the form of notice required under subsection (2) above.'. The object of this amendment, similar to amendment No. 145, is to bring notice of intention to move for tenancies and short tenancies into line with notices to quit for other regulated tenancies. The effect would be to use the procedure I have already described under the 1976 statutory instrument to lay down certain criteria. I was previously attacked for using the word "may". On this occasion, I have used the word "shall". I hope that the change will induce the Minister to accept this small burnt offering.

Mr. Rifkind

I am sorry to sound uncharitable, but, despite the change of vocabulary, it is not thought appropriate that the statutory instrument procedure should be used for this purpose. The notice in question is the notice that the landlord is required to serve on a tenant of his intention to seek an order for recovery of possession of a dwelling house let on a short tenancy. It would be unprecedented for something of this straightforward nature to be the subject of a statutory instrument requirement regarding its form. I hope that the hon. Gentleman, on reflection, will feel that this form of parliamentary scrutiny is not necessary.

Mr. Wilson

For reasons of exhaustion, inertia and the lateness of hour, I am prepared to ask the House to grant me leave to withdraw the amendment. My request is not based on the explanation that the Minister has given. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

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