LAW OF DISTRESS AMENDMENT BILL. (Hansard, 18 December 1908)

§ LORD COURTNEY OF PENWITH
My Lords, your Lordships will remember that we completely transformed this Bill after it came up from the House of Commons, but I am happy to say that, on its being returned to them, the Commons only made three Amendments. The first Amendment alters the date when the Bill is to come into operation. Your Lordships inserted a clause providing that— This Act shall come into operation on the first day of January one thousand nine hundred and nine. The Commons propose to amend this clause by leaving out the word "January," and inserting the word "July." Considering how time has elapsed the reason for this is obvious. 2196 The next Amendment of the Commons is in the clause which provides that— In cases where the rent of the immediate tenant of the superior landlord is in arrear it shall be lawful for such superior landlord to serve upon any under tenant or lodger a notice (by registered post addressed, whether by name or not, to such under-tenant or lodger upon the premises) stating the amount of such arrears of rent, and requiring all future payments of rent, whether the same has already accrued due or not, by such under-tenant or lodger to be made direct to the superior landlord giving such notice until such arrears shall have been duly paid, and such notice shall operate to transfer to the superior landlord the right to recover, receive, and give a discharge for such rent. The Commons propose to amend this clause by leaving out the words "whether by name or not." This alteration is made at the instance of the Postmaster-General and deals with the sending of a registered letter, which, according to the regulations, must be addressed by name to the person for whom it is intended. With both of these Amendments your Lordships will, no doubt, agree. The other Amendment is a more material one. The Bill, as sent down to the House of Commons, provided that— This Act shall not apply to any undertenant where the under-tenancy has been created in breach of any covenant or agreement is writing between the landlord and his immediate tenant, or where the under-tenancy has been created contrary to the wish of the landlord in that behalf, expressed in writing and delivered at the premises within a reasonable time after the circumstances have come, or with due diligence, would have come to his knowledge. The Commons propose to amend this clause by leaving out all words after "the landlord and his immediate tenant." I have talked this matter over with the noble and learned Earl opposite. He has not seen his way to consent to the deletion of the whole of the words proposed, but would agree to a limitation. I therefore move to disagree to the Amendment made by the Commons in this clause, but in lieu thereof, after the words "or whether the under-tenancy has been created," to insert the words "under a lease existing at the date of the passing of this Act."

§ THE EARL OF HALSBURY
I understand that the effect of the Amendment is this, that the new provision will only apply to leases made in the future, and that all leases already in existence will not be affected by the new statute?

§ LORD COURTNEY OF PENWITH
That is so.

§ LORD COURTNEY OF PENWITH
As to the other two Amendments, I move that we agree.