HC Deb 30 April 1996 vol 276 cc979-80
Mr. Clappison

I beg to move amendment No. 87, in page 52, line 10, at end insert— '(6) No appeal shall lie to the Lands Tribunal from a decision of a leasehold valuation tribunal under this Act without the leave of the leasehold valuation tribunal concerned or the Lands Tribunal. (7) On any such appeal—

  1. (a) the Lands Tribunal may exercise any power available to the leasehold valuation tribunal in relation to the original matter, and
  2. (b) an order of the Lands Tribunal may be enforced in the same way as an order of the leasehold valuation tribunal.'.

Mr. Deputy Speaker

With this, it will be convenient to discuss also Government amendments Nos. 88 to 91.

Mr. Clappison

The amendment would establish affordable justice through the leasehold valuation tribunals. It is balanced with preserved rights of appeal in limited but appropriate circumstances.

Mr. Raynsford

Given the Secretary of State's penchant for fantasy politics, perhaps it is appropriate to remind the House that the amendment was moved by the Opposition in Committee, and the Government opposed it. That was done partly on technical grounds raised by the judge in charge of the Lands Tribunal, Judge Bernard Marder, with whom I corresponded, concerning the tribunal's methods of working.

I am glad to see that the Government have had second thoughts and have responded to our pressure for affordable justice. We want to ensure that landlords cannot use their financial muscle to deter leaseholders from obtaining justice. Rights of appeal should be allowed in proper circumstances, but we believe that they should be subject to controls to prevent abuse of the system whereby rich freeholders can exercise undue influence on the outcome, and deter leaseholders on modst incomes from pursuing their claims.

We therefore welcome the amendment, but we do not like to let it pass without ensuring that hon. Members are aware of its origin and ancestry, and of the Opposition's contribution to the measure that will now reach the statute book.

Amendment agreed to.

Amendments made: No. 88, in page 52, line 29, leave out 'about fees' and insert 'under this section'.

No. 89, in page 52, line 43, after 'which' insert ', unless the order contains only such provision as is mentioned in subsection (1), '. No. 90, in page 53, line 4, after 'or' insert 'the Lands Tribunal, or in connection with'. No. 91, in page 53, line 18, at end insert— '( ) in the case of proceedings before the Lands Tribunal, to the tribunal;'.—[Mr. Clappison.]

Forward to