§ Mr. RifkindI beg to move amendment No. 116, in page 20, line 16, after ' part ', insert—
'including if the sheriff thinks fit an order that the tenant shall pay to the landlord such sum as the sheriff thinks just to compensate him for any patrimonial loss occasioned by the variation.'.This amendment makes provision for a sheriff to require a tenant to compensate his landlord for financial loss resulting from variation in the terms of his tenancy agreement ordered by the sheriff. There was discussion and concern in Committee when a similar but by no means identical amendment was put forward. As a result, the Government agreed to consider the points raised.The new amendment specifies that any compensation that may be thought appropriate has to be
for any patrimonial loss—in other words, any financial loss—occasioned by the variation.It is therefore far more specific, and will ensure that the interests of the tenant are properly protected. I hope that the amendment will be accepted.
§ Mr. MillanI do not like the concept. It is difficult to understand the circumstances in which it would be right for a sheriff to make an order for payment by the tenant to the landlord. I disliked the concept in Committee. It is now appearing in a different form. At this time of night I shall not recommend that my hon. Friends vote on a matter that may arise only infrequently and in special circumstances. However, the idea that a tenant who has asked for a variation in the term of his tenancy should have to pay compensation to his landlord is abhorrent. I hope that the Minister will reconsider the provision. We shall return to the issue at a later stage.
§ Amendment agreed to.