§ '.—(1) Section 21 of the Housing Act 1988 (recovery of possession on expiry or termination of assured shorthold tenancy) shall be amended as follows.
§ (2) In subsection (1) (b) (which requires the landlord under a fixed term tenancy to give two months' notice to recover possession), after "notice" there shall be inserted "in writing".
§ (3) In subsection (4) (a) (corresponding provision for periodic tenancies), after "notice", where it first occurs, there shall be inserted "in writing".'.—[Mr. Clappison.]
§ Brought up, and read the First time.
§ Mr. ClappisonI beg to move, That the clause be read a Second time.
§ Mr. Deputy Speaker (Sir Geoffrey Lofthouse)With this, it will be convenient to discuss amendment No. 150, in clause 86, page 59, line 31, at end insert—
'(8) The notices referred to in paragraph (b) of subsection (1) and paragraph (a) of subsection (4) above shall be in writing and in such form as may be prescribed by regulations.'.
§ Mr. ClappisonThis new clause clarifies my undertaking in Committee to reconsider whether written notices should be given by a landlord who is seeking possession. Although the previous practice does not seem to have caused any problems, I agree that it would clarify matters if such notices were required to be in writing. The new clause seeks to achieve that.
I agree that notices should be in writing, but the matter should not be taken so far that a prescribed notice be required, as is proposed in the amendment tabled by the hon. Member for Christchurch (Mrs. Maddock). That would be an unnecessary formality and I advise the House to resist it.
§ Mr. Chris Davies (Littleborough and Saddleworth)Following the proposal in Committee, the Minister's proposals simply do not go far enough. Amendment No. 150 is a simple, technical amendment that would reduce the need for clarification and for matters to be tested in court at a later date. It is in the Government's interest to accept it.
§ Question put and agreed to.
§ Clause read a Second time, and added to the Bill.