RIGHT TO CARRY OUT REPAIRS: PREMISES OCCUPIED UNDER CONTRACT OF EMPLOYMENT (Hansard, 18 January 1984)

§ Mr. Ancram
I beg to move, That the clause be read a Second time.
The new clause would extend the benefits of the right to repair to tenants of district councils and other housing authorities, who occupy tied houses. Although tenants of tied houses do not have security of tenure, they already enjoy the other rights that make up the tenants' charter under the 1980 Act with the exception of those rights that would conflict with their status as service tenants. The right to repair will be in addition to the tenants' charter. It is appropriate that this new right should be extended to tenants of tied houses. An amendment to this effect was brought forward in Committee by the hon. Member for Glasgow, Maryhill (Mr. Craigen) and, while I supported the underlying principle, I said that the amendment's drafting was not entirely acceptable. I seem to recollect that I gave it fairly high marks, on the advice of those who advise me on drafting.
The hon. Gentleman agreed to ask leave to withdraw his amendment on the understanding that the Government would bring forward a suitable amendment on Report with exactly the same intention, to extend the right to repair to tenants of tied houses. That is the purpose of the new clause, and I trust that it will be welcomed by right hon. and hon. Members on both sides of the House.

§ Mr. Craigen
As the Minister pointed out, the Opposition put forward this proposal in Committee. I thank him for improving upon our excellent drafting. I trust that the marking range has increased as a result of the Government's draftsmen applying their minds to the problem.
As the Minister knows, I have already written to him about a deficiency in another quarter, and I await a reply on that matter. Nevertheless, I thank the Minister for extending this right to those in tied accommodation. It seemed to us that there was a deficiency, because many people have a problem. I hope that the new clause will in some way meet that position.

§ Mr. Hugh Brown
What does the Minister mean by a tied house? Is it someone in tied accommodation owned by a district or regional council, or would a farm labourer working on an estate qualify under this heading?

§ Mr. Ancram
The hon. Gentleman knows the answer to his question. They are the tied houses referred to under section 10(4) of the Tenants' Rights, Etc. (Scotland) Act 1980. As he knows, those tenants have the right to a written lease and to sublet and, more importantly, they have the right to carry out improvements. It would be incongruous if the right to repair were not extended to them at the same time, which is what the new clause seeks to do.