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Lords amendment: No. 27, in page 21, line 3, leave out from first "any" to end of line 5 and insert
substantial development of any of the land in which the landlord's interest subsists or to demolish the whole or part of any building on that land.
§ Lord James Douglas-HamiltonI beg to move, That this House doth agree with the Lords in the said amendment.
§ Mr. Deputy SpeakerWith this it will be convenient to consider Lords amendment No. 28.
§ Lord James Douglas-HamiltonThese amendments go a long way towards meeting the concern expressed in Committee by the hon. Member for East Kilbride (Mr. Ingram) and others. They enable the sheriff to take into account development value in certain circumstances when he is assessing the damage to which an illegally evicted tenant is entitled under clauses 33 and 34.
Clause 34 sets out how the damages should be assessed, briefly, the intention is that they should equal any gain the landlord would expect to obtain by owning the house with vacant possession rather than with a sitting tenant. The amendments mean that in assessing the potential gain, the sheriff can take into account any gain the landlord would make if he redeveloped the property for other residential purposes. That is directed, for example, at landlords who might otherwise be tempted to evict their tenants illegally so as to convert the property into flats for sale, which is the most common form of redevelopment.
I hope that hon. Members will appreciate that the amendments strike a fair balance that should moderate the behaviour of unscrupulous landlords and offer tenants increased compensation if they are illegally evicted.
§ Question put and agreed to.
§ Lords amendment No. 28 agreed to.