HL Deb 06 August 1896 vol 43 cc1599-600

(1.) On the expiration of a statutory term in a present tenancy the tenancy shall continue a present tenancy subject to the same rent and conditions (including the statutory conditions) as during the statutory term, until the tenancy is determined, or a, new statutory term for the holding begins, and an application to fix a fair rent may be made at any time during such continuance of the tenancy; and no objection to such application shall be allowed which could have been but was not taken upon the application for a previous judicial rent, or being then taken was overruled.

(2.) Where the Court on application fix a judicial rent for a holding, the judicial rent and statutory term shall begin from the gale day next after the date of the application, or if a preceding statutory term is then current, from any later gale day on which that statutory term expires.

(3.) The judicial rent fixed by order of the Court for a holding shall, as from the gale day from which it begins, be the rent payable by the tenant of the holding; and where it differs from the previous rent, whether or not a judicial rent, then in respect of the period which may have elapsed since the gale day from which it began, the difference, if the judicial rent so fixed is higher than the previous rent, shall be paid by the tenant, and if the judicial rent so fixed is lower, may, if it has been actually paid by the tenant, be deducted from any rent subsequently payable by him, unless the judicial rent exceeds fifty pounds a year, in which case the difference may be deducted from any rent subsequently payable by him to the landlord to whom such difference has been paid, or to his personal representatives, or where the estate of such landlord has determined may be recovered from such landlord or his personal representatives.

THE EARL OF PORTSMOUTH moved, in Sub-section (3), to leave out the words— be deducted from any rent subsequently payable by him, unless the judicial rent exceeds fifty pounds a year, in which case the difference may be deducted. He had put down the Amendment in order to get an explanation of these words.

* THE MARQUESS OF LANSDOWNE

said the point was a little difficult to explain. The case was that of a tenant whose fair rent ran from a date earlier than the date upon which it was fixed by the Court. In a case of that kind, if the fair rent was lower than the old rent, it was clear that the tenant had, during the interval, been making an overpayment. The object of the clause was to provide for an adjustment of that over-payment. Where the tenant was a small tenant, under £50, they thought it rather hard that he should be put to the trouble and expense of instituting proceedings against the landlord for the recovery of the amount which he had overpaid.

LORD MACNAGHTEN

said it would relieve the smaller tenant no doubt, but, at the expense of a man who had not received any part of the money. It was a very small matter, but it was a most extraordinary principle to put in a Bill.

THE LORD CHANCELLOR OF IRELAND

said this was a provision, made—roughly, he admitted—with regard to the exigencies of the smaller class of tenants. The line had to be drawn at some figure—a more or less arbitrary line—above which it was thought those who wished to recover should be left to pursue the ordinary remedies against whoever was bound to repay them.

THE EARL OF PORTSMOUTH

thought it was a very Irish way of dealing with the matter. He asked leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

Clause 2 ordered to stand part of the Bill.

Clause 3,—