§ Mr. GristI beg to move amendment No. 20, in page '7, line 4, at end insert
'and the proceedings are begun within the time limits stated in the notice in accordance with subsections (3) and (4) below'.These two amendments are straightforward amendments to ensure that a landlord who serves notice under clause 8 that he intends to seek possession should bring proceedings within 12 months of having served the notice. This makes it quite clear that if a landlord serves notice he must have a genuine intention to start proceedings. He cannot serve notice merely lo threaten his tenant. The tenant benefits in that he cannot have notice hanging over his head indefinitely. If the landlord does not start proceedings within 12 months of serving notice, the amendment removes the court's jurisdiction. These are sensible amendments and I hope that hon. Members will accept them.
§ Mr. BoatengOne can hardly see the benefit to a tenant of having this threat hanging over him for 12 months. Why not six months or three months? Twelve months gives ample time for a tenent to be threatened and harassed by 1043 his landlord. I see no reason, but perhaps the Government will give us one, for such an extended period to be given to a landlord.
§ Mr. GristThe hon. Gentleman has put his finger on the reason. In our judgment, 12 months is reasonable for both parties. Clearly one could pick a different period of time but 12 months seems reasonable.
§ Amendment agreed to.
§ Amendments made: No. 67, in page 7, line 12, after `one', insert 'in the prescribed form'.
§
No. 21, in page 7, line 19, at end insert: 'and
(c) those proceedings will not begin later than twelve months from the date of service of the notice'.
§ No. 284, in page 7, line 21, leave out 1 to 3, 6 to 8' and inset '2, 3, 6 to 8, 10A'.—[Mr. Waldegrave.]
§ Mr. Deputy Speaker (Sir Paul Dean)With this it will be convenient to discuss Government amendment No. 23.
§ Mr. GristThese amendments to clause 8 are drafting amendments. When notice is served that the landlord intends to recover possession under grounds 1 to 3, 6 to 8 and 16 in schedule 2, the notice must specify that proceedings will not begin for two months. Amendment No. 22 makes it clear that the relevant date from which the two months starts is the date on which the notice is served. Similarly, amendment No. 23 makes it clear that it is the date on which notice is served which is the relevant date for the purposes of subsection 4(B). This establishes that the earliest date specified in the notice in the case of a periodic tenancy must not fall before the date on which a landlord's notice to quit would have taken effect if served on the date on which notice under clause 8 was served. These are straightforward amendments for the purposes of clarification.
§ Amendment agreed to.
§ Amendment made: No. 23, in page 7, line 29 after 'of, insert `service of.